GARCIA v. PSYCHIATRIC INSTITUTES OF AMERICA, INC.

No. 95-2782.

693 So.2d 66 (1997)

Hilda GARCIA, a guardian of Jose Guiles, etc., Appellant/Cross-Appellee, v. PSYCHIATRIC INSTITUTES OF AMERICA, INC., etc., et al., Appellees/Cross-Appellants.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 12, 1997.


Attorney(s) appearing for the Case

Prabodh C. Patel, Walter J. Belleville, and Tracey Schilling, Altamonte Springs, for Appellant/Cross-Appellee.

Jeffrey S. Badgley and John S. McEwan, II of Sanders, McEwan, Martinez, Luff & Dukes, P.A., Orlando, for Appellee/Cross-Appellant Psychiatric Institute of Orlando, Inc.

Gail Leverett Parenti of Parenti, Falk, Waas & Frazier, Coral Gables, for Appellee/Cross-Appellant John Blankemeier, M.D.

A. Scott Noecker and Rachel K. Nunn of Taraska, Grower & Ketcham, P.A., Orlando, for Appellee/Cross-Appellant Carol Bloomquist, M.D.

No Appearance for Appellee, Psychiatric Institutes of America, Inc.


PER CURIAM.

Garcia appeals summary judgments entered against her based upon her failure to comply with the presuit notice requirements contained in chapter 766 of the Florida Medical Malpractice Act. We reverse.

In Garcia I,1 we held that the allegations of Garcia's complaint were sufficient to constitute the torts of false imprisonment and battery, if proven at trial. The requirement of presuit notice is fact dependent...

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