Narrative Opinion Summary
In this appellate case, the court reviewed a summary judgment granted to the Escambia County Board of County Commissioners against Edith Dickerson, who had failed to comply with section 768.28(6) of the Florida Statutes. This statute requires a written notice of claim to be filed with the Department of Insurance within three years of the claim's accrual. Dickerson filed her complaint within the statutory period but admitted post-filing that she had not submitted the required written notice. The County moved for summary judgment based on this non-compliance, citing relevant case law. However, Dickerson's attorney claimed that notice was provided to the County's insurance carrier and argued that the County's response did not initially contest the lack of written notice. The trial court granted summary judgment, interpreting the County's response as a denial of compliance and ruling that the notice requirement could not be waived. On appeal, the court found that the County's failure to properly assert the notice issue in its pleadings amounted to a waiver of that defense. Consequently, the appellate court reversed the summary judgment and remanded the case for further proceedings, maintaining that the procedural oversight precluded a final ruling in favor of the County. Judges JoanOs and Wigginton concurred in the decision to remand the case.
Legal Issues Addressed
Compliance with Notice Requirement under Florida Statutes Section 768.28(6)subscribe to see similar legal issues
Application: The appellate court found that failure to provide written notice to the Department of Insurance as required by statute can be waived if not specifically raised in the pleadings.
Reasoning: The appellate court concluded that the issue of waiver was not properly raised in the pleadings. The County's failure to assert that Dickerson did not meet the condition precedent regarding written notice effectively waived this defense.
Summary Judgment Standardssubscribe to see similar legal issues
Application: The court reversed the grant of summary judgment, highlighting that unresolved issues of material fact regarding waiver precluded summary judgment.
Reasoning: The appellate court reversed the summary judgment in favor of the County and remanded the case for further proceedings.
Waiver of Statutory Notice Requirementsubscribe to see similar legal issues
Application: The court determined that statutory notice requirements can be waived if the opposing party does not assert non-compliance as a defense.
Reasoning: This interpretation was challenged as potentially conflicting with other case law suggesting the possibility of such waiver.