Martin v. Monroe County

Martin v. Monroe Cnty., 518 So. 2d 934 (Fla. Dist. Ct. App. 1987)

Court: District Court of Appeal of Florida · State Appellate Courts
Decided: December 22, 1987
Docket: No. 87-965
Judges: Barkdull, Hubbart and Ferguson
Citations: 518 So. 2d 9341987 WL 3019

Cited by 5 5 descriptions by later courts

Opinion

518 So.2d 934 (1987)

Ruth MARTIN, Individually and As Personal Representative of the Estate of Wayne L. Martin, Appellant,

MONROE COUNTY, a Political Subdivision of the State of Florida, Appellee.

No. 87-965.

District Court of Appeal of Florida, Third District.

December 22, 1987. Rehearing Denied February 10, 1988.

*935 William Francis Sullivan, IV, Coral Gables, for appellant.

Richard A. Sherman, Ft. Lauderdale, for appellee.

Before BARKDULL, HUBBART and FERGUSON, JJ.

PER CURIAM.

We hold that when the Department of Insurance Division of Risk Management acknowledges that within the statute of limitations, an accident report of a claim was filed pursuant to Section 768.28(6), Florida Statutes (1979), it is thereafter estopped after the expiration of the statute of limitations to deny receipt of the claim. Rabinowitz v. Town of Bay Harbor Islands, 178 So.2d 9 (Fla. 1965); Franklin v. Department of Health and Rehabilitative Services, 493 So.2d 17 (Fla. 5th DCA 1986); Meli v. Dade County School Board, 490 So.2d 120 (Fla. 3d DCA 1986); Hutchins v. Mills, 363 So.2d 818 (Fla. 1st DCA 1978); Carpenter v. City of St. Petersburg, 167 So.2d 772 (Fla. 2d DCA 1964). The trial court therefore erred in entering a summary judgment for Monroe County; which summary judgment is hereby reversed and the cause remanded for further proceedings. [1]

Reversed and remanded.

NOTES

[1] We have not overlooked appellee's contention that this matter is controlled by Levine v. Dade County School Board, 442 So.2d 210 (Fla. 1983) and Dukanauskas v. Metropolitan Dade County, 378 So.2d 74 (Fla. 3d DCA 1979), but we find the factual situation in these cases distinquishable from the instant case.

How later courts describe this case

Explanatory parentheticals written by citing courts — 5 in all; the most informative distinct ones are shown.

(holding that when the Department of Insurance acknowledged that it had received “an accident report of a claim [within the statute of limitations] ..., it [was] thereafter es-topped after the expiration of the statute of limitations to deny receipt of the claim”)

Ryan v. Lobo de Gonzalez, 921 So. 2d 572 (Fla. 2005)

Cited by 5 cases

View all citing references →

Relies on it most ⓘ

Major League Baseball v. Morsani790 So. 2d 1071 (Fla. 2001)
Florida Department of Health & Rehabilitative Services v. S.A.P.835 So. 2d 1091 (Fla. 2002)
Ryan v. Lobo de Gonzalez921 So. 2d 572 (Fla. 2005) · Dissent
Pedro v. Pedro910 So. 2d 426 (Fla. Dist. Ct. App. 2005)
Florida Dhrs v. Sap835 So. 2d 1091 (Fla. 2002)

Most recent

Ryan v. Lobo de Gonzalez921 So. 2d 572 (Fla. 2005) · Dissent
Pedro v. Pedro910 So. 2d 426 (Fla. Dist. Ct. App. 2005)
Florida Dhrs v. Sap835 So. 2d 1091 (Fla. 2002)
Florida Department of Health & Rehabilitative Services v. S.A.P.835 So. 2d 1091 (Fla. 2002)
Major League Baseball v. Morsani790 So. 2d 1071 (Fla. 2001)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 8

Depth	Case	Cited by
	Levine v. Dade Cnty. Sch. Bd., 442 So. 2d 210 (Fla. 1983)	102
	Rabinowitz v. Town of Bay Harbor Islands, 178 So. 2d 9 (Fla. 1965)	40
	Hutchins v. Mills, 363 So. 2d 818 (Fla. Dist. Ct. App. 1978)	37
	Dukanauskas v. Metro. Dade Cnty., 378 So. 2d 74 (Fla. Dist. Ct. App. 1979)	15
	Meli v. Dade Cnty. Sch. Bd., 490 So. 2d 120 (Fla. Dist. Ct. App. 1986)	9
	Franklin v. Dep't of Health, 493 So. 2d 17 (Fla. Dist. Ct. App. 1986)	5
	Carpenter v. City of St. Petersburg, 167 So. 2d 772 (Fla. Dist. Ct. App. 1964)	2
	State v. Gorman, 518 So. 2d 934 (Fla. Dist. Ct. App. 1987)	1

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