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Halpin v. Short

490 So. 2d 1271 (Fla. Dist. Ct. App. 1986)
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Halpin v. Short

2 Citing cases

  1. Rowe v. City of Fort Lauderdale

    8 F. Supp. 2d 1369 (S.D. Fla. 1998)   Cited 13 times   1 Legal Analyses
    Finding that pursuant to Heck§ 1983 conspiracy claims based on malicious prosecution did not accrue until sentence was vacated

    This, failure alone requires the dismissal of Counts VI and VII for failure to seek a timely waiver of sovereign immunity. See Levine v. Dade County Sch. Bd., 442 So.2d 210 (Fla. 1983); Hansen v. State of Florida, 503 So.2d 1324 (Fla. 1st DCA 1987); Halpin v. Short, 490 So.2d 1271 (Fla. 2nd DCA 1986). Therefore, the motions to dismiss Counts VI and VII will be granted.

  2. Public H. Trust of Dade Cty. v. Knuck

    495 So. 2d 834 (Fla. Dist. Ct. App. 1986)   Cited 21 times
    In Knuck, the court held that compliance with the statutory requirements was mandatory, was essential to the complaint, and that the plaintiffs' failure to serve the notice of intent to initiate litigation within the limitation period set forth in section 95.11, Florida Statutes (1985), was fatal to the continuation of plaintiffs' suit against the doctors and institutions not receiving timely notice.

    Because sovereign immunity is waived only to the extent specified in section 768.28, once the limitations period expires, plaintiff loses the opportunity to provide the omitted requirements. Burkett v. Calhoun County, 441 So.2d 1108 (Fla. 1st DCA 1983); Dukanauskas; see Halpin v. Short, 490 So.2d 1271 (Fla. 2d DCA 1986); cf. Wemett v. Duval County, 485 So.2d 892 (Fla. 1st DCA 1986) (dismissal of complaint with prejudice error where plaintiff could comply with § 768.28(6)(a) within limitations period); Lee v. South Broward Hospital District, 473 So.2d 1322 (Fla. 4th DCA 1985) (same); Askew v. County of Volusia, 450 So.2d 233 (Fla. 5th DCA 1984) (same). Once the limitations period has expired, the trial court lacks authority to abate the action; an action may be abated "only where the cause of action is not extinguished and thus capable of revival."