Aitcheson v. Florida Department of Highway Safety & Motor Vehicles

ROSENBERG, ROBIN, Associate Judge.

This appeal follows from the trial court’s order of dismissal with prejudice. The defendant, Florida Department of Highway Safety and Motor Vehicles (“FDHSMV”), filed a motion to dismiss the plaintiffs, Joann Aitcheson (“Aitcheson”), complaint on the basis that the plaintiff failed to satisfy the conditions precedent required for waiver of sovereign immunity as set forth in section 768.28, Florida Statutes (2007). The issue on appeal is whether the complaint and documents attached to the complaint were sufficient to allege compliance with the notice…