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LIFESOUTH CMTY. BLOOD CENTERS v. FITCHNER

Nos. 1D06-4475, 1D06-4597.

970 So.2d 379 (2007)

LIFESOUTH COMMUNITY BLOOD CENTERS, INC., Appellant, v. Kaynan FITCHNER, as Personal Representative of the Estate of Chase Fitchner, deceased, Appellees. Kaynan Fitchner, as Personal Representative of the Estate of Chase Fitchner, deceased, Appellant, v. Lifesouth Community Blood Centers, Inc., a Florida corporation, Appellee.

District Court of Appeal of Florida, First District.

Order Denying Clarification and Granting Certification December 26, 2007.

Attorney(s) appearing for the Case

Christine R. Davis of Carlton Fields, P.A., Tallahassee, and Robert E. Biasotti of Carlton Fields, P.A., St. Petersburg, for Appellant in Case No. 06-4475/Appellee in Case No. 06-4597.

Thomas J. Guilday, Catherine B. Chapman, and J. Celeste Burns of Guilday, Tucker, Schwartz & Simpson, P.A., Tallahassee, for Florida Association of Blood Bank, Amicus Curiae for Appellant in Case No. 06-4475.

Raymond T. Elligett, Jr. and Amy S. Farrior of Buell & Elligett, P.A., Tampa, and Dean R. LeBoeuf and Rhonda S. Bennett of Brooks, LeBoeuf, Bennett, Foster & Gwartney, P.A., Tallahassee, for Appellees in Case No. 06-4475/Appellants in Case No. 06-4597.

WOLF, J.

In Case No. 1D06-4475, appellant, LifeSouth Community Blood Centers, Inc. (LifeSouth), raises several issues on appeal from a final judgment in favor of appellee, Kaynan Fitchner. We will address one which we find to be dispositive: Whether the trial court erred in denying appellant's motion to dismiss for appellee's failure to comply with the presuit notice requirements of section 766.106(2), Florida Statutes. We agree with LifeSouth on this point and reverse...

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