The Public Health Trust of Miami-Dade County v. Acanda

71 So. 3d 782 (2011)

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The Public Health Trust of Miami-Dade County v. Acanda

Florida Supreme Court
71 So. 3d 782 (2011)

  • Written by Liz Nakamura, JD

Facts

Odette Acanda (defendant) brought a negligence action, a type of tort action, against The Public Heath Trust of Miami-Dade County (PHT) (plaintiff). Acanda did not serve notice on the Florida Department of Financial Services (DFS) prior to filing her negligence action against PHT. Under Florida law, claimants suing state agencies were required to serve notice on both the relevant state agency and the DFS. After trial, PHT moved for a directed verdict in its favor, arguing that Acanda had failed to meet her burden of proof to state a negligence cause of action because she had failed to serve notice on DFS. Acanda served notice on DFS prior to the hearing on PHT’s motion for a directed verdict. The trial court denied PHT’s motion. PHT appealed. The appellate court affirmed, holding that Acanda complied with statutory notice requirements by serving notice on DFS before the hearing on PHT’s motion for a directed verdict. PHT appealed to the Florida Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Labarga, J.)

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