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MORRIS v. MUNIZ

No. 1D14-3987.

189 So.3d 348 (2016)

Tuyuana L. MORRIS, as Personal Representative of the Estate of Shunteria S. McIntyre, deceased, Appellant, v. Orlando S. MUNIZ, M.D., Marianna OB/ GYN Associates, Inc., Jackson Hospital, Bay Hospital, Inc., d/b/a Gulf Coast Medical Center, and Stephen G. Smith, M.D., Appellees.

District Court of Appeal of Florida, First District.

April 27, 2016.

Attorney(s) appearing for the Case

John S. Mills , Courtney Brewer, and Andrew D. Manko of the Mills Firm, P.A., Tallahassee, for Appellant.

Michael J. Thomas and Kara R. Ottervanger , Pennington, P.A., Tallahassee, for Appellee Orlando S. Muniz, M.D. and Marianna OB/GYN Associates, Inc.; Carrie M. Roane of Guilday, Schwartz, Simpson, West, Hatch & Lowe, P.A., Tallahassee, for Appellee Jackson Hospital; Christine Davis Graves and Jessica Zaiger Wallace of Carlton Fields Jorden Burt, P.A., Tallahassee for Appellee Bay Hospital, Inc., d/b/a Gulf Coast Medical Center; Clifford C. Higby and Kevin Barr of Bryant & Higby, Chartered, Panama City, for Appellee Stephen G. Smith, M.D.

The trial court dismissed appellant's wrongful death complaint for failure to satisfy statutory presuit requirements for medical malpractice actions. In granting appellees' motion to dismiss, the trial court found that appellant failed to provide reasonable access to information during presuit investigation pursuant to section 766.205...

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