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OMNI HEALTHCARE, INC. v. MOSER

Nos. 5D12-1235, 5D12-1245.

106 So.3d 474 (2012)

OMNI HEALTHCARE, INC., Petitioner, v. Donald MOSER, Respondent. Adwait Jathal, M.D., Petitioner, v. Donald Moser, Respondent.

District Court of Appeal of Florida, Fifth District.

December 7, 2012.

Attorney(s) appearing for the Case

Wilbert R. Vancol and Thomas E. Dukes, III , of McEwan, Martinez & Dukes, P.A., Orlando, for Petitioner, Omni Healthcare, Inc.

Michael R. D'Lugo , of Wicker, Smith, O'Hara, McCoy & Ford, P.A., Orlando, for Petitioner Adwait Jathal, M.D.

Frank J. Shaughnessy , of Law Offices of Frank Shaughnessy, P.A., Palm Bay, for Respondent.

PER CURIAM.

Respondent filed a complaint attempting to allege simple negligence against Petitioners, who are a doctor, Adwait Jathal, and a physician group practice, Omni Healthcare, Inc. It is clear that what is alleged is a claim for medical malpractice. Petitioners filed a Motion to Dismiss in the trial court based on Respondent's failure to comply with the presuit requirements of section 766.106, Florida Statutes. The...

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