MOBLEY v. GILBERT E. HIRSCHBERG, P.A.

No. 4D05-149.

915 So.2d 217 (2005)

Shawanni MOBLEY, Appellant, v. GILBERT E. HIRSCHBERG, P.A., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 20, 2005.


Attorney(s) appearing for the Case

Robert Garven, Coral Springs, for appellant.

Robert S. Horwitz and David J. Pascuzzi of Schwartz & Horwitz, P.L.C., Boca Raton, for appellee.


GROSS, J.

Shawanni Mobley appeals a final summary judgment in favor of the defendant below, Dr. Gilbert E. Hirschberg, on her claim for personal injuries. The basis for the ruling was that Mobley failed to comply with the medical malpractice presuit procedures. See § 766.106, Fla. Stat. (2004). We reverse because Mobley's simple negligence claim did not arise out of the rendering of, or the failure to render...

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