NANCY F. MCCUE, APPELLANT,
v.
CITY OF NORTH MIAMI, A FLORIDA MUNICIPAL CORPORATION, APPELLEE

Fla. 3d DCA | 1978-03-14
No. 77-2512
Before HAVERFIELD, C. J., and PEARSON, J., and CHARLES CARROLL (Ret.), Associate Judge.
356 So. 2d 1278 Florida District Court of Appeal, Third District (1978) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed upon authority of McCue v. City of North Miami, 348 So. 2d 968 (Fla.3d DCA 1977).


Cases With Similar Vibessemantic neighbors from the corpus


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Cited By

  • …cing the action tolls the statute of limitations. Szabo v. Essex Chemical Corp., 461 So. 2d 128 (Fla. 3d DCA 1984); Bermudez v. Florida Power & Light Co., 433 So. 2d 565 (Fla. 3d DCA 1983), review denied, 444 So. 2d 416 (Fla. 1984); Pratt v. Durkop, 356 So. 2d 1278 (Fla. 2d DCA 1978). According to her argument, the trial court may revive the abated action once she complies with the statutory prerequisites. In any event, Freundlich asserts, the notice she provided to Jackson Memorial Hospital on June 12, 1985,…
  • Sandor Szabo and Joan Szabo v. Essex Chem. Corp., 461 So. 2d 128 (Fla. 3d DCA 1984)
    …& Light Co., 433 So. 2d 565, 568 (Fla. 3d DCA 1983), pet. for rev. den., 444 So. 2d 416 (Fla.1984), wherein the appellee urged the same argument as Essex does presently, that the delay in the service of the summons was controlled by Pratt v. Durkop, 356 So. 2d 1278 (Fla. 2nd DCA 1978). Pratt reiterated the holdings of Klosenski and McArthur, and stated that the requirement of the Florida statute of limitations is met when an action is commenced within the applicable limitations period, and that, under our rule…
  • Prof'l Med. Specialties, Inc. v. Renfroe, 362 So. 2d 397 (Fla. 4th DCA 1978)
    …ral cases holding due diligence in service of process is required in order to enable one to rely upon the act of filing suit to toll the running of the Statute of Limitations. The Second District Court of Appeal has held recently in Pratt v. Durkop, 356 So. 2d 1278 (Fla. 2nd DCA 1978), that the timely filing of suit is all that is required to stop the statute from running. Neither the Supreme Court of Florida nor this Court has spoken to the precise question. We are sorely tempted by expedition to resolve the…

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