Opinion
Case No. 96-4633
Opinion filed August 7, 1997. Rehearing Denied September 10, 1997.
An appeal from the Circuit Court for Duval County. Judge Henry F. Martin, Jr.
August Quesada, Jacksonville, for appellant.
Philip Webb III and Pamela S. Lynde of Webb, O'Quinn Murphree, P.A., Jacksonville, for appellee.
There was no factual dispute in this case regarding appellant's failure to provide notice of this action to the Florida Department of Insurance pursuant to section 768.28, Florida Statutes (1995). Because the record indicates that the department did not have actual knowledge of this litigation as it did in Brown v. Department of Corrections, No. 96-3898 (Fla. 1st DCA July 22, 1997), we affirm the trial court's entry of summary judgment in favor of appellee on the authority of Menendez v. North Broward Hosp. Dist., 537 So.2d 89 (Fla. 1988).
BOOTH, WOLF and VAN NORTWICK, JJ., concur.