Mason v. Highlands County Board of County Commissioners

STRINGER, Judge.

Appellant, Marcellus M. Mason, challenges an order dismissing his complaint with prejudice due to his failure to comply with the notice requirements of section 768.28(6), Florida Statutes (1997). Although the trial court was correct in dismissing appellant’s complaint due to his failure to comply with section 768.28(6), the trial court improperly dismissed the complaint with prejudice. Since the statute of limitations had not yet run at the time of dismissal, appellant should have been given the opportunity to file an amended complaint after compliance with the statute. Lane…