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490 So. 2d 1271

490 So.2d 1271

11 Fla.L.Weekly 1162

Docket No. 85-1919.

Halpin v. Short

Donald E. HALPIN, Appellant, v. Sheriff John M. SHORT and Pasco County Commission, Appellees.

District Court of Appeal of Florida

Decided May 16, 1986.

Rehearing Denied July 14, 1986.

District Court of Appeal of Florida · decided 1986-05-16

Relies on Levine v. Dade County School Bd. · Rosenberg v. Rosenberg

Good law ✅— No negative treatment on recordhow we know

Decided 1986-05-16

How this case has been cited

Cited by 6 later decisions — most recently April 2009

5 state decisions

20198619902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Donald E. Halpin, pro se.

¶2Keith Tischler of Haben, Parker, Skelding, Costigan, McVoy & Labasky, Tallahassee, for appellee Sheriff John M. Short.

¶3Dorothy Trogolo, Asst. Co. Atty., Pasco County, New Port Richey, for appellee Pasco County Comn.

¶4PER CURIAM.

¶5Appellant argues the trial court erred in dismissing his suit against appellees with prejudice. His complaint was dismissed because he failed to allege compliance with the notice provisions of section 768.28(6), Florida Statutes (1983). By the time the dismissal was entered, the limitations period for providing such notice had expired. Thus, dismissal with prejudice was proper since appellant was unable to furnish the required notice and amend his complaint to allege compliance with section 768.28(6). Levine v. Dade County School Board,442 So.2d 210 (Fla. 1983); Commercial Carrier Corp. v. Indian River County,372 So.2d 1022 (Fla. 3d DCA 1979). Moreover, appellant's estoppel argument is raised for the first time and is not supported by any allegations contained in the complaint.

¶6Accordingly, we affirm the trial court's order.

¶7SCHEB, A.C.J., and DANAHY and SANDERLIN, JJ., concur.

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