DIAZ v. SALOMON (2020)

District Court of Appeal of Florida, Third District.

Ana DIAZ, Appellant, v. Dr. Jhonny SALOMON M.D. & Med Spa, Appellees.

No. 3D19-1471

Decided: April 22, 2020

Before FERNANDEZ, LINDSEY, and MILLER, JJ.

Emelike Nwosuocha, P.A., and Emelike Nwosuocha, Miami, for appellant. Law Offices of Burt E. Redlus, P.A., and Burt E. Redlus, Miami, for appellees.

We affirm the trial court's dismissal of the complaint because Ana Diaz, plaintiff below, failed to comply with section 766.104(1), Florida Statutes (2019) (“No action shall be filed for personal injury or wrongful death arising out of medical negligence, whether in tort or in contract, unless the attorney filing the action has made a reasonable investigation as permitted by the circumstances to determine that there are grounds for a good faith belief that there has been negligence in the care or treatment of the claimant. The complaint or initial pleading shall contain a certificate of counsel that such reasonable investigation gave rise to a good faith belief that grounds exist for an action against each named defendant.” (emphasis added)).

Affirmed.

PER CURIAM.

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