District Court of Appeal of Florida

Denial of defendant's motion to dismiss in a medical malpractice wrongful death suit is affirmed where a medical malpractice presuit notice is valid when it is served by persons who were not personal representatives when the notice was served, but were subsequently appointed.

Appellate Information

• Decided 06/21/2006
• Published 06/21/2006

Judges

• ROTHENBERG, Judge., Before WELLS, SHEPHERD, and ROTHENBERG, JJ., Before GERSTEN, GREEN, FLETCHER, RAMIREZ, WELLS, SHEPHERD, SUAREZ, CORTINÃS, ROTHENBERG and LAGOA, JJ.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Fowler White Burnett and Marc J. Schleier and June Galkoski Hoffman, Miami;  George Hartz, Lundeen, Fulmer, Johnstone, King & Stevens, and Arthur Lundeen, South Miami, for petitioner.


• For Appellees:
  
• Hersch & Talisman and Patrice A. Talisman, Miami, for respondents.