Legal Opinion

Casanova v. Department of Children & Family Services

District Court of Appeal of Florida

Decided March 26, 2003No. 3D02-2243Published

1Opinion of the Court

SCHWARTZ, Chief Judge.

The trial court granted summary judgment against the plaintiff, Ms. Casanova, on the ground that the claim letter she sent to the defendant agency on behalf of her child did not include her individual claim.1 See Metropolitan Dade County v. Reyes, 688 So.2d 311 (Fla.1996); Calero v. Metropolitan Dade County, 787 So.2d 911 (Fla. 3d DCA 2001). We reverse because, by waiting for more than two years from the complaint until after the three year claim period had expired to raise that alleged defect “specifically and with particularity,” as Florida Rule of Civil Procedure…

2Cases cited8 opinions

  1. Ingersoll v. HoffmanSupreme Court of Florida · 1991
  2. Rabinowitz v. Town of Bay Harbor IslandsSupreme Court of Florida · 1965
  3. Metropolitan Dade County v. ReyesSupreme Court of Florida · 1996
  4. Sobel v. Jefferson Stores, Inc.District Court of Appeal of Florida · 1984
  5. Shelby Life Ins. Co. v. PaolasiniDistrict Court of Appeal of Florida · 1986

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