District Court of Appeal of Florida

A petition for a writ of certiorari to review an order denying petitioner's motion to dismiss a wrongful death action brought on behalf of an estate is denied where the trial court correctly ruled that plaintiff's complaint only sounded in simple negligence as opposed to malpractice and, hence, the presuit notice requirement of Florida Statutes chapter 766 did not apply.

Appellate Information

• Decided 12/27/2006
• Published 12/27/2006

Judges

• VILLANTI, Judge.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Ronald J. Lamb and Lisa L. Cullaro of Morgan, Lamb, Goldman & Valles, P.A., Tampa, for Petitioner.


• For Appellees:
  
• Stephen A. Barnes of Abrahamson, Uiterwyk & Barnes, Tampa, for Respondent.