Churly v. City of Fort Lauderdale

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2008 CATHERINE CHURLY, Appellant, v. CITY OF FORT LAUDERDALE, BROWARD COUNTY BOARD OF COMMISSIONERS, and FLORIDA DEPARTMENT OF TRANSPORTATION, Appellees. No. 4D07-2007 [May 14, 2008] PER CURIAM. Appellant Catherine Churly appeals a final summary judgment dismissing her negligence action against Appellee Broward County for failure to provide pre-suit notice to the Department of Insurance, now known as the Department of Financial Services. We hold that the April 11, 2003 letter sent to the Department was insufficient to put the Department on notice of a claim against Broward County. See LaRiviere v. S. Broward Hosp. Dist., 889 So. 2d 972 (Fla. 4th DCA 2004). Affirmed. WARNER, POLEN and TAYLOR, JJ., concur. * * * Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Robert Lance Andrews, Judge; L.T. Case No. 06-18129 09. Michael D. Gelety, Fort Lauderdale, for appellant. Jeffrey J. Newton, Andrew J. Meyers, and James D. Rowlee, Fort Lauderdale, for appellee Broward County Board of Commissioners. Not final until disposition of timely filed motion for rehearing 2

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