District Court of Appeal of Florida

In the context of medical malpractice, an investigatory affidavit's failure to individually name a particular defendant is not fatally defective, so long as the affidavit otherwise makes it clear that the defendant's actions were properly reviewed and determined to be negligent prior to filing suit. A petition for writ of certiorari seeking to quash an order denying petitioner-doctor dismissal or summary judgment in a medical malpractice action is denied over a claim that the motion should have been granted because respondents did not individually serve him with a notice of intent pursuant to Florida Statutes section 766.106(2), and did not individually name him in their corroborating expert affidavit.

Appellate Information

• Decided 12/08/2006
• Published 12/08/2006

Judges

• LAWSON, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Craig S. Foels and Robin D. Black of Hannah, Estes & Ingram, P.A., Orlando, for Petitioner.


• For Appellees:
  
• Alan J. Landerman of The Nation Law Firm, Longwood, for Respondents Frank Trombley and Tammy Tillman.