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SCHERER v. RIGSBY

No. 4D08-2484.

24 So.3d 561 (2009)

David C. SCHERER, DPM, David C. Scherer, DPM, P.A. and Podiatry Management, Inc., Petitioners, v. Patricia Ann RIGSBY, Respondent.

District Court of Appeal of Florida, Fourth District.

July 1, 2009.

Attorney(s) appearing for the Case

Richard L. Freedman of Elkins & Freedman, Fort Lauderdale, for petitioners.

Jonathan D. Wald of Wald, Gonzalez & Graff, P.A., Miami, for respondent.

GERBER, J.

Defendants below appeal the trial court's order declining to hear their third motion for summary judgment. Each of the motions alleged, among other things, that the plaintiff in this medical malpractice action did not comply with the presuit notice requirements of section 766.106(2), Florida Statutes, and Florida Rule of Civil Procedure 1.650. The defendants alleged that their third motion for summary judgment raised new arguments with updated affidavits...

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