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RELL v. McCULLA

No. 2D12-793.

101 So.3d 878 (2012)

Brian C. RELL, D.P.M., and Coastal Orthopedics & Sports Medicine of Southwest Florida, P.A., Petitioners, v. David McCULLA and Margaret McCulla, husband and wife, Respondents.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 26, 2012.

Attorney(s) appearing for the Case

Mark Hicks , Dinah Stein , and Michael T. Ross of Hicks, Porter, Ebenfeld & Stein, P.A., Miami, and Ross L. Fogleman III of Fogleman & Rosenkoetter, P.A., Sarasota, for Petitioners.

Louis Thaler of Louis Thaler, P.A., Coral Gables, for Respondents.

MORRIS, Judge.

Petitioners, Brian C. Rell, D.P.M., and Coastal Orthopedics & Sports Medicine of Southwest Florida, P.A., seek a writ of certiorari to quash an order denying their motion to dismiss the medical malpractice complaint brought by respondents, David McCulla and Margaret McCulla. The trial court denied the motion on the basis that the McCullas had satisfied the presuit notice requirements set forth in section 766.203(2), Florida Statutes (2011). Because...

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