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Baradat v. Metropolitan Dade County

District Court of Appeal of Florida, Third District
Dec 11, 1979
377 So. 2d 256 (Fla. Dist. Ct. App. 1979)

Opinion

No. 79-187.

December 11, 1979.

Appeal from Circuit Court, Dade County; John V. Ferguson, Judge.

Corlett, Merritt, Killian Sikes and Gerald E. Rosser, Miami, for appellant.

Stuart L. Simon, County Atty., and John H. Moynahan, Jr., Asst. County Atty., for appellee.

Before PEARSON, HUBBART and SCHWARTZ, JJ.


This is an appeal by the plaintiff from a final judgment dismissing his complaint against Metropolitan Dade County because he did not allege compliance with Section 2-2, Code of Metropolitan Dade County, Florida. This section requires written notice to the County of a tort claim within 60 days of the date of the injury. Subsequent to the decision of the trial court in this case, this court held Section 2-2 to be invalid. See Scavella v. Fernandez, 371 So.2d 535 (Fla. 3d DCA 1979).

Therefore, upon authority of Scavella v. Fernandez, the judgment appealed is reversed and the cause remanded for further proceedings.

Reversed and remanded.


Summaries of

Baradat v. Metropolitan Dade County

District Court of Appeal of Florida, Third District
Dec 11, 1979
377 So. 2d 256 (Fla. Dist. Ct. App. 1979)
Case details for

Baradat v. Metropolitan Dade County

Case Details

Full title:ENRIQUE BARADAT, APPELLANT, v. METROPOLITAN DADE COUNTY, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Dec 11, 1979

Citations

377 So. 2d 256 (Fla. Dist. Ct. App. 1979)

Citing Cases

Cooper v. Dade County

In Scavella v. Fernandez, 371 So.2d 535 (Fla.3d DCA 1979), we held that § 2-2 was in conflict with the…