Drax International Ltd. v. Division of Administration, State Department of Transportation

OWEN, WILLIAM C., Associate Judge, Retired.

Appellants suffered an adverse summary judgment on their tort claim against appel-lee, an agency of the State of Florida. The trial court held that it lacked subject matter jurisdiction due to appellants’ failure to comply with the notice provisions of Section 768.28(6), Fla.Stat. (1983) prior to filing this action. We reverse.

The notice requirements of the statute are not jurisdictional, Commercial Carrier Corp. v. Indian River County, 371 So.2d 1010 (Fla.1979); McSwain v. Dussia, 499 So.2d 868, 870 (Fla. 1st DCA 1987); City of Pembroke Pines v.…