Cunningham v. Florida Department of Children & Families

Appellant appeals the circuit court’s dismissal of his wrongful death survivor’s claim, with prejudice. The claim was dismissed on grounds that it was time-barred because Appellant failed to give the State proper notice of his claim. Appellant argues that, pursuant to the wrongful death statute, only the personal representative of an estate may bring suit and give notice of claims, and that the original personal representative, and Appellant’s predecessor in interest, timely filed the initial complaint and gave the State timely notice of the *915survivor’s claims. Accordingly, Appellant argues,…