Lemonik v. Metropolitan Dade County

GREEN, Judge.

Jack Brett Lemonik appeals an adverse final summary judgment entered in favor of Metropolitan Dade County (“County”) due to his failure to serve a copy of the summons and complaint in this action on the Florida Department of Insurance (“Department”) pursuant to section 768.28(7), Florida Statutes (1989) for more than three years after the commencement of this action nor within the prescribed statute of limitations period for this action. We reverse.

This is an action for the alleged violation of Lemonik’s federal civil rights as prescribed in 42 U.S.C. § 1983 as well as for false…