Jennings v. City of Homestead

The first two cases cited in support of the majority’s per curiam affirmance hold that failure to allege compliance with the prelitigation notice requirements of section 768.57, Florida Statutes,1 does not deprive the court of subject matter jurisdiction and that the trial court may consider principles of estoppel and waiver to excuse such noncompliance. That rule of law answers the narrow procedural issue presented by the order of dismissal from which this appeal is taken, and compels a reversal.

It is alleged that Claudia Jennings, a bedridden patient at James Archer Smith Hospital, suffered…