Pirez v. Brescher

ON MOTION FOR REHEARING

The motion for rehearing is granted. The opinion of February 28, 1990 is withdrawn and the following opinion is substituted:

The question presented is whether notice given only to the county attorney’s office suffices under section 768.28(6)(a), Florida Statutes (1987), when a lawsuit is filed against the Broward County Sheriff’s Office and the county is not named as a defendant. The trial judge deemed the notice insufficient and we agree.

In the case at bar, both sides rely on Beard v. Hambrick, 396 So.2d 708 (Fla.1981). At one point in Beard, our supreme court opined…