PHILLIPS v. COOK

No. 5D05-2340.

927 So.2d 130 (2006)

Hance PHILLIPS, M.D., and Brevard Ear, Nose & Throat Center, P.A., Petitioner, v. Jason COOK, Respondent.

District Court of Appeal of Florida, Fifth District.

April 21, 2006.


Attorney(s) appearing for the Case

Kimberly M. Reid and Julianne J. Flynn of Alvarez, Sambol, Winthrop & Madson, P.A., Orlando, for Petitioner.

Samuel S. Henderson of Henderson and Futchko, P.A., Melbourne, for Respondent.


PALMER, J.

The petitioners seek a writ of certiorari regarding the trial court's order denying their motion to dismiss the respondent's medical malpractice lawsuit. The dismissal motion was based upon the respondent's failure to comply with the presuit screening requirements of the Florida Statutes. See § 766.106, Fla. Stat. (2005). Concluding that the trial court did not depart from the essential requirements of law in denying the petitioners' motion...

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