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PATRY v. CAPPS

No. 81963.

633 So.2d 9 (1994)

John R. PATRY, Petitioner, v. William L. CAPPS, M.D., et al., Respondents.

Supreme Court of Florida.

March 10, 1994.

Attorney(s) appearing for the Case

Roy D. Wasson, Miami, Richard A. Bokor, Tampa, and Mark Lipinski, P.A., Bradenton, for petitioners.

Ted R. Manry, III and Stephen H. Sears of Macfarlane & Ferguson, Tampa, for respondents.

Loren E. Levy, Tallahassee, amicus curiae for The Academy of Florida Trial Lawyers.

KOGAN, Justice.

We have for review Patry v. Capps, 618 So.2d 261 (Fla.2d DCA 1993), in which the Second District Court of Appeal certified the following question as being of great public importance:

WHETHER THE REQUIREMENT IN A MEDICAL MALPRACTICE ACTION THAT NOTICE BE GIVEN BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, IS (1) A SUBSTANTIVE ELEMENT OF THE STATUTORY TORT, OR (2) A PROCEDURAL REQUIREMENT THAT CAN BE...

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