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PATINO v. EINHORN

No. 95-1990.

670 So.2d 1179 (1996)

Diana and Ernesto PATINO, Appellants, v. Dr. Neil EINHORN, individually, d/b/a Einhorn Eye Care Center, and ALP Freddy's Limited Partnership d/b/a Freddy's, Appellees.

District Court of Appeal of Florida, Third District.

April 3, 1996.

Attorney(s) appearing for the Case

Dennis Koltun and Scott Lazar, for appellants.

Stephens, Lynn, Klein & McNicholas and Marlene S. Reiss, for appellees.

Before BARKDULL, NESBITT and COPE, JJ.

PER CURIAM.

We find that the trial court erred in requiring the plaintiffs in a negligence action against an optometrist to meet the presuit requirements of Chapter 766, Fla.Stat. (1995). The provisions of this chapter are limitations on Article I, Section 21 of the Florida Constitution, and therefore should be strictly construed. See GBB Investments, Inc. v. Hinterkopf, 343 So.2d 899 (Fla. 3d DCA 1977). Optometrists are...

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