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Dismissal with Prejudice Granted

Stuart Poage, of the Tallahassee office, secured a Dismissal with Prejudice in Leon County in a case where the plaintiff sued a State of Florida agency seeking $850,000 in alleged damages. Stuart litigated and argued that Plaintiff failed to meet the statutory pre-suit notice requirement as required by Section 768.28(6), Florida Statutes. Despite a properly filed and served formal operative complaint, the circuit court judge upheld the strict statutory requirements and granted the dismissal with prejudice as the applicable statute of limitation had already expired.

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