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PIERROT v. OSCEOLA MENTAL HEALTH, INC.

No. 5D11-2513.

106 So.3d 491 (2013)

Jean PIERROT, as Personal Representative, etc., Appellant, v. OSCEOLA MENTAL HEALTH, INC., etc., et al., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 13, 2013.

Attorney(s) appearing for the Case

Jose F. Garcia , of Udowychenko & Garcia, P.A., Kissimmee, for Appellant.

Michael R. D'Lugo and Barbara A. Flanagan , of Wicker, Smith, O'Hara, McCoy & Ford, P.A., Orlando, for Appellee.

PALMER, J.

In this wrongful death action, Jean Pierrot appeals the trial court's order dismissing with prejudice the count of his complaint against Osceola Mental Health, Inc., d/b/a Park Place Behavioral Health Care (Park Place).1 Determining that the court erred in dismissing the claim for failure to comply with Florida's medical malpractice presuit requirements, we reverse.

A trial court's ruling on a motion to dismiss based...

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