Florida Statute 766.104 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS

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F.S. 766.104

766.104 Medical negligence cases; reasonable investigation required before filing.—

(1) 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. For purposes of this section, good faith may be shown to exist if the claimant or his or her counsel has received a written opinion, which shall not be subject to discovery by an opposing party, of an expert as defined in s. 766.102 that there appears to be evidence of medical negligence. If the court determines that such certificate of counsel was not made in good faith and that no justiciable issue was presented against a health care provider that fully cooperated in providing informal discovery, the court shall award attorney’s fees and taxable costs against claimant’s counsel, and shall submit the matter to The Florida Bar for disciplinary review of the attorney.

(2) Upon petition to the clerk of the court where the suit will be filed and payment to the clerk of a filing fee, not to exceed $42 from which the clerk shall remit $4.50 to the Department of Revenue for deposit into the General Revenue Fund, an automatic 90-day extension of the statute of limitations shall be granted to allow the reasonable investigation required by subsection (1). This period shall be in addition to other tolling periods. No court order is required for the extension to be effective. The provisions of this subsection shall not be deemed to revive a cause of action on which the statute of limitations has run.

(3) For purposes of conducting the investigation required by this section, and notwithstanding any other provision of law to the contrary, subsequent to the death of a person and prior to the administration of such person’s estate, copies of all medical reports and records, including bills, films, and other records relating to the care and treatment of such person that are in the possession of a health care practitioner as defined in s. 456.001 shall be made available, upon request, to the spouse, parent, child who has reached majority, guardian pursuant to chapter 744, surrogate or proxy pursuant to chapter 765, or attorney in fact of the deceased pursuant to chapter 709. A health care practitioner complying in good faith with the provisions of this subsection shall not be held liable for civil damages attributable to the disclosure of such records or be subject to any disciplinary action based on such disclosure.

History.—s. 12, ch. 85-175; s. 68, ch. 86-160; s. 8, ch. 86-287; s. 71, ch. 95-211; s. 1151, ch. 97-102; s. 1, ch. 2001-155; s. 79, ch. 2004-265; s. 42, ch. 2008-111; s. 28, ch. 2019-58.

Note.—Former s. 768.495.

F.S. 766.104 on Google Scholar

F.S. 766.104 on CourtListener

Amendments to 766.104

Annotations, Discussions, Cases:

Cases Citing Statute 766.104

Total Results: 87

Kukral v. Mekras

679 So. 2d 278, 1996 WL 316134

Supreme Court of Florida | Filed: Jun 13, 1996 | Docket: 1665987

Cited 64 times | Published

this negligence caused the claimant's injury. Section 766.104(1) provides that no medical negligence action

Tanner v. Hartog

618 So. 2d 177, 1993 WL 152666

Supreme Court of Florida | Filed: May 13, 1993 | Docket: 98088

Cited 61 times | Published

medical malpractice actions. The first is section 766.104(2), Florida Statutes (1991), formerly section

Pate v. Threlkel

661 So. 2d 278, 1995 WL 424171

Supreme Court of Florida | Filed: Jul 20, 1995 | Docket: 401052

Cited 35 times | Published

plaintiffs have pled good-faith compliance with section 766.104, Florida Statutes (1989).[4] The second question

Stebilla v. Mussallem

595 So. 2d 136, 1992 WL 24470

District Court of Appeal of Florida | Filed: Feb 14, 1992 | Docket: 1299226

Cited 27 times | Published

delineates how the defendants were negligent. Section 766.104 refers to a written medical opinion "that there

Hankey v. Yarian

755 So. 2d 93, 2000 WL 283692

Supreme Court of Florida | Filed: Mar 16, 2000 | Docket: 1699332

Cited 25 times | Published

was negligence in his care or treatment. See § 766.104(1), Fla. Stat. (1997). After the completion of

Boyd v. Becker

627 So. 2d 481, 1993 WL 444290

Supreme Court of Florida | Filed: Nov 4, 1993 | Docket: 1530911

Cited 20 times | Published

to the statute of limitations pursuant to section 766.104(2), Florida Statutes (1989). Prior to the expiration

Metropolitan Casualty Insurance Co. v. Tepper

2 So. 3d 209, 34 Fla. L. Weekly Supp. 111, 2009 Fla. LEXIS 143, 2009 WL 217978

Supreme Court of Florida | Filed: Jan 30, 2009 | Docket: 1138556

Cited 16 times | Published

for subrogation may be filed until then. Cf. § 766.104(1), Fla. Stat. (1997); §§ 766.106(2) and (3),

Musculoskeletal Institute v. Parham

745 So. 2d 946

Supreme Court of Florida | Filed: Mar 11, 1999 | Docket: 352781

Cited 16 times | Published

EXTENSION OF THE STATUTE OF LIMITATIONS UNDER SECTION 766.104(2), FLORIDA STATUTES (1989), IN ORDER TO *947

FORT WALTON BEACH MED. CENTER v. Dingler

697 So. 2d 575

District Court of Appeal of Florida | Filed: Aug 5, 1997 | Docket: 1776890

Cited 13 times | Published

Kukral v. Mekras, 679 So.2d 278 (Fla.1996). II Section 766.104(1), Florida Statutes (1991), provides that

Duffy v. Brooker

614 So. 2d 539, 1993 WL 8994

District Court of Appeal of Florida | Filed: Jan 21, 1993 | Docket: 1509854

Cited 13 times | Published

evaluation of medical malpractice claims. Section 766.104(1) provides that no medical negligence action

Torrey v. Leesburg Regional Medical Center

769 So. 2d 1040, 25 Fla. L. Weekly Supp. 911, 2000 Fla. LEXIS 2040, 2000 WL 1588051

Supreme Court of Florida | Filed: Oct 26, 2000 | Docket: 1476642

Cited 12 times | Published

suspended ("tolled") for ninety days under section 766.104(4)...."). [2] The Fifth District also cited

Largie v. Gregorian

913 So. 2d 635, 2005 WL 1631086

District Court of Appeal of Florida | Filed: Jul 13, 2005 | Docket: 1698277

Cited 11 times | Published

opinion." § 766.203(2), Fla. Stat. (2002); see also § 766.104(1), Fla. Stat. (2002) (providing that no medical

Rhoades v. SW FLA. REGIONAL MED. CTR.

554 So. 2d 1188

District Court of Appeal of Florida | Filed: Dec 8, 1989 | Docket: 1319163

Cited 11 times | Published

in the 1988 Supplement. [5] Transferred to section 766.104, Florida Statutes (1988 Supp.). [6] Transferred

Tuyuana L. Morris, etc. v. Orlando S. Muniz, M.D.

252 So. 3d 1143

Supreme Court of Florida | Filed: Sep 6, 2018 | Docket: 7813516

Cited 8 times | Published

how the defendants were negligent. Section 766.104 refers to a written medical opinion "that there

Davis v. ORLANDO REGIONAL MEDICAL CTR.

654 So. 2d 664, 1995 WL 275749

District Court of Appeal of Florida | Filed: May 12, 1995 | Docket: 1303652

Cited 8 times | Published

delineates how the defendants were negligent. Section 766.104 refers to a written medical opinion "that there

Suarez v. St. Joseph's Hosp., Inc.

634 So. 2d 217, 1994 WL 94136

District Court of Appeal of Florida | Filed: Mar 23, 1994 | Docket: 1472489

Cited 7 times | Published

certificate to that effect in the complaint. § 766.104(1), Fla. Stat. (1989). This good faith belief

Dominion of Canada v. STATE FARM AND CAS. CO.

754 So. 2d 852, 2000 Fla. App. LEXIS 4174, 2000 WL 353942

District Court of Appeal of Florida | Filed: Apr 7, 2000 | Docket: 431390

Cited 6 times | Published

for subrogation may be filed until then. Cf. § 766.104(1), Fla. Stat. (1997)[2]; §§ 766.106(2) and (3)

Rothschild v. NME Hospitals, Inc.

707 So. 2d 952, 1998 WL 130094

District Court of Appeal of Florida | Filed: Mar 25, 1998 | Docket: 1675971

Cited 6 times | Published

of the statute of limitations, pursuant to section 766.104(2), Florida Statutes (1995). After investigating

Rodriguez v. Saenz

866 So. 2d 184, 2004 WL 314465

District Court of Appeal of Florida | Filed: Feb 20, 2004 | Docket: 1680043

Cited 5 times | Published

extend the statute of limitations pursuant to section 766.104(2), Florida Statutes (2001), on January 17

Parham v. Balis

704 So. 2d 623, 1997 WL 716797

District Court of Appeal of Florida | Filed: Nov 12, 1997 | Docket: 1354557

Cited 5 times | Published

1994, Parham filed a petition, pursuant to section 766.104(2), for an automatic 90-day extension of the

Tanner v. Hartog

593 So. 2d 249, 1992 WL 571

District Court of Appeal of Florida | Filed: Jan 31, 1992 | Docket: 1508955

Cited 5 times | Published

medical malpractice litigation pursuant to section 766.104, Florida Statutes. Thereafter, the appellants

Novitsky v. Hards

589 So. 2d 404, 1991 WL 234545

District Court of Appeal of Florida | Filed: Nov 14, 1991 | Docket: 1730671

Cited 5 times | Published

Florida Statutes (1987) was transferred to section 766.104, Florida Statutes (Supp. 1988).

Cohen v. Cooper

20 So. 3d 453, 2009 Fla. App. LEXIS 16080, 2009 WL 3446369

District Court of Appeal of Florida | Filed: Oct 28, 2009 | Docket: 1639923

Cited 4 times | Published

Cohen filed a ninety-day extension pursuant to section 766.104, Florida Statutes, on October 27, 1999. She

Florida Hosp. Waterman v. Stoll

855 So. 2d 271, 2003 Fla. App. LEXIS 14924, 2003 WL 22259832

District Court of Appeal of Florida | Filed: Oct 3, 2003 | Docket: 1752472

Cited 4 times | Published

chapter 766 provides numerous extensions. See § 766.104(2); § 766.106(3)(a); § 766.106(4). The Hospital

Hillsborough County Hosp. Auth. v. Coffaro

829 So. 2d 862, 27 Fla. L. Weekly Supp. 791, 2002 Fla. LEXIS 1946, 2002 WL 31190892

Supreme Court of Florida | Filed: Oct 3, 2002 | Docket: 1733529

Cited 4 times | Published

importance: IS A 90-DAY EXTENSION PURCHASED UNDER SECTION 766.104(2), FLORIDA STATUTES (1995), INCLUDED IN THE

Pavolini v. Bird

769 So. 2d 410, 2000 WL 1228010

District Court of Appeal of Florida | Filed: Aug 30, 2000 | Docket: 1476617

Cited 4 times | Published

Stat. (1999). The Act further provides in section 766.104(1), Florida Statutes, that: No action shall

Newman v. Amente

634 So. 2d 305, 1994 WL 107208

District Court of Appeal of Florida | Filed: Mar 31, 1994 | Docket: 1473106

Cited 4 times | Published

negligence in the care or treatment of the claimant." § 766.104(1), Fla. Stat. (1991). This belief can be based

Southern Neurosurgical Associates v. Fine

591 So. 2d 252, 1991 WL 186984

District Court of Appeal of Florida | Filed: Dec 18, 1991 | Docket: 1528163

Cited 4 times | Published

limitation period under then section 768.495, now section 766.104, the limitation period had run October 23,

Kalbach v. Day

589 So. 2d 448, 1991 WL 240061

District Court of Appeal of Florida | Filed: Nov 20, 1991 | Docket: 1441598

Cited 4 times | Published

statutory limitations period as provided for in section 766.104(2). Subsequently, an amended complaint naming

Moore v. Winter Haven Hosp.

579 So. 2d 188, 1991 WL 53555

District Court of Appeal of Florida | Filed: Apr 12, 1991 | Docket: 1728621

Cited 4 times | Published

to the injury occurred. [2] Transferred to section 766.104, Florida Statutes (1988 Supp.). [3] 768.57

Pierrot v. Osceola Mental Health, Inc.

106 So. 3d 491, 2013 Fla. App. LEXIS 464, 2013 WL 132463

District Court of Appeal of Florida | Filed: Jan 11, 2013 | Docket: 60228219

Cited 3 times | Published

statutory standards of care. . Subsection (3) of section 766.104 references section 456.00 l’s definition of

Thomas v. Lopez

982 So. 2d 64, 2008 WL 1752207

District Court of Appeal of Florida | Filed: Apr 18, 2008 | Docket: 1204492

Cited 3 times | Published

when Mrs. Thomas filed a petition pursuant to section 766.104, Florida Statutes (2003), for an automatic

Kurzweil v. Larkin Hosp. Operating Co.

684 So. 2d 901, 1996 WL 734495

District Court of Appeal of Florida | Filed: Dec 26, 1996 | Docket: 1740711

Cited 3 times | Published

award of attorney's fees is permitted under section 766.104(1) where the court determines that counsel's

Pergrem v. Horan

669 So. 2d 1150, 1996 WL 124200

District Court of Appeal of Florida | Filed: Mar 22, 1996 | Docket: 530713

Cited 3 times | Published

limitations but for *1152 the operation of section 766.104(2). Pergrem filed a petition for an automatic

Davis v. Karr

264 So. 3d 279

District Court of Appeal of Florida | Filed: Jan 25, 2019 | Docket: 64704569

Cited 2 times | Published

duty to reasonably investigate the claim. See § 766.104(1), Fla. Stat. (2013). The trial court disagreed

Coffey-Garcia and Garcia v. South Miami Hospital, Inc.

194 So. 3d 533, 2016 Fla. App. LEXIS 9575, 2016 WL 3410415

District Court of Appeal of Florida | Filed: Jun 22, 2016 | Docket: 3081240

Cited 2 times | Published

involved in Samantha’s birth. See § 766.104(2), Fla. Stat. (2013). After filing their notice

R. W. v. Armor Correctional Health Services, Inc.

830 F. Supp. 2d 1295, 2011 U.S. Dist. LEXIS 134117, 2011 WL 5834793

District Court, M.D. Florida | Filed: Nov 21, 2011 | Docket: 65977248

Cited 2 times | Published

corroborating opinion by a medical expert. Fla. Stat. § 766.104. Florida law mandates the dismissal of claims

Stemerman, Lazarus, Simovitch, Billings, Finer & Ginsburg, M.D.'s P.A. v. Fuerst

4 So. 3d 55, 2009 Fla. App. LEXIS 1263, 2009 WL 383630

District Court of Appeal of Florida | Filed: Feb 18, 2009 | Docket: 60295079

Cited 2 times | Published

the 90-day automatic extension permitted by section 766.104(2), Florida Statutes, Trisha Fuerst was nowhere

STEMERMAN, LAZARUS, SIMOVITCH v. Fuerst

4 So. 3d 55

District Court of Appeal of Florida | Filed: Feb 18, 2009 | Docket: 1666847

Cited 2 times | Published

the 90-day automatic extension permitted by section 766.104(2), Florida Statutes, Trisha Fuerst was nowhere

Maraj v. North Broward Hosp. Dist.

989 So. 2d 682, 2008 Fla. App. LEXIS 11593, 2008 WL 2906956

District Court of Appeal of Florida | Filed: Jul 30, 2008 | Docket: 2530321

Cited 2 times | Published

extension of the statute of limitations pursuant to § 766.104(2), Fla. Stat. [2] Dr. James filed a motion to

Walker v. Virginia Ins. Reciprocal

842 So. 2d 804, 2003 WL 1338990

Supreme Court of Florida | Filed: Mar 20, 2003 | Docket: 1730419

Cited 2 times | Published

negligence in the care or treatment of the claimant. § 766.104(1), Fla. Stat. (1997). Even after satisfying this

Coffaro v. HILLSBOROUGH CTY. HOSP. AUTH.

752 So. 2d 712, 2000 WL 216713

District Court of Appeal of Florida | Filed: Feb 25, 2000 | Docket: 1280268

Cited 2 times | Published

Patry v. Capps, 633 So.2d 9, 13 (Fla.1994). Section 766.104(2) allows a 90-day extension of the limitations

Wendel v. Hauser

726 So. 2d 378, 1999 WL 69619

District Court of Appeal of Florida | Filed: Feb 10, 1999 | Docket: 1711575

Cited 2 times | Published

automatic ninety-day extension pursuant to section 766.104(2), Florida Statutes (1993), to allow reasonable

Mason v. Bisogno

633 So. 2d 464, 1994 WL 28838

District Court of Appeal of Florida | Filed: Feb 4, 1994 | Docket: 1708111

Cited 2 times | Published

Bisogno on 13 November 1990, pursuant to section 766.104(2), Florida Statutes (1991). This date was

Bay County Board of County Commissioners v. Seeley

217 So. 3d 228, 2017 WL 1437375, 2017 Fla. App. LEXIS 5667

District Court of Appeal of Florida | Filed: Apr 24, 2017 | Docket: 60265676

Cited 1 times | Published

repose. If an extension has been granted under section 766.104(2), Florida Statutes, or by agreement of the

Porumbescu v. Thompson

987 So. 2d 1275, 2008 WL 3850381

District Court of Appeal of Florida | Filed: Aug 20, 2008 | Docket: 1724213

Cited 1 times | Published

two-year period are discussed below. II. Section 766.104(2) On December 7, 1998, the Porumbescus filed

Burbank v. Kero

813 So. 2d 292, 2002 WL 596814

District Court of Appeal of Florida | Filed: Apr 19, 2002 | Docket: 1725803

Cited 1 times | Published

ninety-day extension authorized by Florida Statute section 766.104(2), the statute of limitations, in the absence

Dion v. Bald

664 So. 2d 348, 1995 WL 738980

District Court of Appeal of Florida | Filed: Dec 15, 1995 | Docket: 1229710

Cited 1 times | Published

following certificate of good faith: Pursuant to § 766.104(1), Florida Statutes, the undersigned attorney

Daisha Ervin v. Sergio A. Alvarez, M.D.

District Court of Appeal of Florida | Filed: Jul 23, 2025 | Docket: 70891676

Published

with the exercise of due diligence . . . .”); § 766.104(2), Fla. Stat. (2016) (“Upon petition to the clerk

Leon Medical Centers, LLC v. Elsa Falcon, Etc.

District Court of Appeal of Florida | Filed: Feb 12, 2025 | Docket: 69632702

Published

that grounds exist for an action against” it. § 766.104(1), Fla. Stat. But when we examine what occurred

Ortiz v. Winn-Dixie, Inc., Travelers Insurance, and Sedgwick CMS

District Court of Appeal of Florida | Filed: Dec 23, 2024 | Docket: 69491845

Published

“purchased” a ninety- day extension under section 766.104(2). The statute had run 23 days from October

University of Miami, etc. v. Shanay Hall Jones, etc.

District Court of Appeal of Florida | Filed: May 15, 2024 | Docket: 68092091

Published

filing a medical malpractice action. See, e.g., § 766.104(1), Fla. Stat. (2023); § 766.106(2)(a), Fla. Stat

ADVENTIST HEALTH SYSTEM/SUNBELT, INC. D/B/A FLORIDA HOSPITAL ALTAMONTE AND WILLIAM HUETHER, III, M.D. vs SALLY MACHALEK AND MATTHEW APTER, M.D.

District Court of Appeal of Florida | Filed: Oct 6, 2023 | Docket: 68034155

Published

additional ninety days by Ms. Machalek pursuant to section 766.104(2)). Ms. Machalek disagrees and claims she

University of Florida Board of Trustees v. Laurie Carmody

Supreme Court of Florida | Filed: Jul 6, 2023 | Docket: 67561782

Published

belief that there has been negligence . . . .” § 766.104(1), Fla. Stat. (emphasis added). And when an action

ISRAEL REYES, etc. v. BAPTIST HEALTH SOUTH FLORIDA FOUNDATION, INC., etc.

District Court of Appeal of Florida | Filed: Mar 29, 2023 | Docket: 61718833

Published

filed the petition for extension pursuant to section 766.104(2), Florida Statutes (2008), and not from

In Re: Amendments to Florida Rules of Civil Procedure 1.070 and 1.650

Supreme Court of Florida | Filed: Jan 19, 2023 | Docket: 66741678

Published

repose. If an extension has been granted under section 766.104(2), Florida Statutes, or by agreement of the

ESTHER MARIN-CASARIEGO, M.D. v. SOPHIA LINALE

District Court of Appeal of Florida | Filed: Nov 10, 2022 | Docket: 65745125

Published

including presuit notice and screening. See § 766.104, 766.106, 766.201- .212, Fla. Stat. (2021). Where

MARIA MARTINEZ v. DON JOHN PEREZ-ORTIZ, M. D. AND THE PEREZ EYE CENTER, P. L.

District Court of Appeal of Florida | Filed: Sep 23, 2022 | Docket: 65370802

Published

of the statute of limitations pursuant to section 766.104(2), giving Ms. Martinez until August 8,

SRINIVAS RAO DONTINENI, M.D. vs PATRICIA SANDERSON, JOSEPH BOULAY, M.D., ALL STAR RECRUITING LOCUMS, LLC, ANGELO FERNANDES, M.D., ARVIND KUMAR, M.D., BREVARD INTERNAL MEDICINE & WALK IN CLINIC, PLLC, ET AL.

District Court of Appeal of Florida | Filed: Jul 1, 2022 | Docket: 68035384

Published

Julie, M.D., supporting her allegations. See id. § 766.104(1). Dr. Julie is board certified in internal

William Boyle v. Myles Rubin Samotin, M.D.

Supreme Court of Florida | Filed: Apr 21, 2022 | Docket: 63252832

Published

the statute of limitations purchased under section 766.104(2) is not added to what remains of the original

UNIVERSITY OF MIAMI, etc. v. SHANAY HALL JONES, etc.

District Court of Appeal of Florida | Filed: Apr 20, 2022 | Docket: 63249353

Published

the prospective defendant with a 1 See § 766.104(1), Fla. Stat. (2017); § 766.203(1)-(2), Fla.

MARTIN MEMORIAL HEALTH SYSTEMS, INC. d/b/a CLEVELAND CLINIC MARTIN HEALTH v. VINCENT GORHAM, III

District Court of Appeal of Florida | Filed: Apr 20, 2022 | Docket: 63249411

Published

negligence in the care or treatment of the claimant.” § 766.104(1), Fla. Stat. (2019). A claimant is also

DIAL 4 CARE, INC. v. ELIJAH BRINSON

District Court of Appeal of Florida | Filed: Mar 17, 2021 | Docket: 59739251

Published

the care or treatment of the claimant.” Id. at § 766.104(1). Good faith exists where an expert has provided

Davis v. Karr

264 So. 3d 279

District Court of Appeal of Florida | Filed: Jan 25, 2019 | Docket: 64704570

Published

duty to reasonably investigate the claim. See § 766.104(1), Fla. Stat. (2013). The trial court disagreed

Simon Dockswell v. Bethesda Memorial Hospital, Inc., etc.

210 So. 3d 1201, 42 Fla. L. Weekly Supp. 32, 2017 WL 372091, 2017 Fla. LEXIS 193

Supreme Court of Florida | Filed: Jan 26, 2017 | Docket: 4574074

Published

negligence in the care or treatment of the claimant.” § 766.104(1), Fla. Stat. (2016). It also provides that "good

Bove v. Naples HMA, LLC

196 So. 3d 411, 2016 Fla. App. LEXIS 5047, 2016 WL 1273260

District Court of Appeal of Florida | Filed: Apr 1, 2016 | Docket: 3050108

Published

sion of the limitations period. 'See § 766.104(2) (permitting the extension of statute of limitations

Pamela Barrier, etc. v. JFK Medical Center Limited Partnership, etc., Palm Beach Emergency Medical Associates, P.L., etc., Jason Sevald, M.D., Armor Correctional Health Services, Inc., etc., Tanya Beaumont, L.P.N., Shara Davis, L.P.N., Patricia Salmon, L.P.N., Garry J. Beauzile, M.D., and Pierre Dorsainvil, M.D.

District Court of Appeal of Florida | Filed: Jun 17, 2015 | Docket: 2679257

Published

extension of the statute of limitations under section 766.104(2), Florida Statutes, appellant served notices

Barrier v. JFK Medical Center Ltd. Partnership

169 So. 3d 185, 2015 Fla. App. LEXIS 9264, 2015 WL 3759641

District Court of Appeal of Florida | Filed: Jun 17, 2015 | Docket: 60248867

Published

extension of the statute of limitations under section 766.104(2), Flori*188da Statutes, appellant served

Salazar v. Coello

154 So. 3d 430, 2014 Fla. App. LEXIS 20403, 2014 WL 7156859

District Court of Appeal of Florida | Filed: Dec 17, 2014 | Docket: 2616006

Published

of the Florida Statutes and the history of Section 766.104 we are unable to conclude that the Florida

Winter Haven Hospital, Inc. v. Liles

148 So. 3d 507, 2014 Fla. App. LEXIS 15616, 2014 WL 5002115

District Court of Appeal of Florida | Filed: Oct 8, 2014 | Docket: 1433141

Published

in personal injury or death to the claimant. § 766.104(1) (“No action shall be filed for personal injury

Young v. Naples Community Hospital, Inc.

129 So. 3d 456, 2014 WL 26040, 2014 Fla. App. LEXIS 71

District Court of Appeal of Florida | Filed: Jan 3, 2014 | Docket: 60237405

Published

medical negligence actions as provided for by section 766.104(2), Florida Statutes (2007).2 On April 1, 2008

Patrick v. Gatien

65 So. 3d 42, 2011 Fla. App. LEXIS 7156, 2011 WL 1879201

District Court of Appeal of Florida | Filed: May 18, 2011 | Docket: 60301712

Published

determine whether there are grounds for suit. See § 766.104(1), Fla. Stat. (2006). If grounds exist, the plaintiff

Derespina v. North Broward Hospital District

19 So. 3d 1128, 2009 Fla. App. LEXIS 15541, 2009 WL 3271360

District Court of Appeal of Florida | Filed: Oct 14, 2009 | Docket: 1651075

Published

negligence in the care or treatment of the claimant." § 766.104(1) (emphasis added). Counsel may show good faith

Cora Health Services, Inc. v. Steinbronn

867 So. 2d 587, 2004 Fla. App. LEXIS 2941, 2004 WL 401531

District Court of Appeal of Florida | Filed: Mar 5, 2004 | Docket: 64828655

Published

circuit court for an extension pursuant to section 766.104(2), Florida Statutes (2000); again when a notice

Cortes v. Williams

850 So. 2d 634, 2003 Fla. App. LEXIS 11113, 2003 WL 21705239

District Court of Appeal of Florida | Filed: Jul 24, 2003 | Docket: 64824127

Published

of the statute of limitations, pursuant to section 766.104(2), Florida Statutes. That section provides:

Gutierrez v. Peralta

785 So. 2d 536, 2001 Fla. App. LEXIS 1806, 2001 WL 166838

District Court of Appeal of Florida | Filed: Feb 21, 2001 | Docket: 64805432

Published

Stat. (1999). The Act further provides in section 766.104(1), Florida Statutes, that: No action shall

Gutierrez v. Peralta

785 So. 2d 536, 2001 Fla. App. LEXIS 1806, 2001 WL 166838

District Court of Appeal of Florida | Filed: Feb 21, 2001 | Docket: 64805432

Published

Stat. (1999). The Act further provides in section 766.104(1), Florida Statutes, that: No action shall

Amendments to the Florida Rules of Civil Procedure

773 So. 2d 1098, 2000 Fla. LEXIS 2312, 2000 WL 1472356

Supreme Court of Florida | Filed: Oct 5, 2000 | Docket: 64802529

Published

(Fla.1999), that the tolling provisions of section 766.104(2) and section 766.106(4), Florida Statutes

Hankey v. Yarian

719 So. 2d 987, 1998 Fla. App. LEXIS 13538, 1998 WL 736599

District Court of Appeal of Florida | Filed: Oct 23, 1998 | Docket: 64783833

Published

year statutory limitation period, pursuant to section 766.104(2), Florida Statutes. On June 19, 1997, the

Standard Jury Instructions—Civil Cases (No. 98-2)

723 So. 2d 174, 23 Fla. L. Weekly Supp. 531, 1998 Fla. LEXIS 1896, 1998 WL 699776

Supreme Court of Florida | Filed: Oct 8, 1998 | Docket: 64785072

Published

95.11(4)(b); Fla. Stat. § 766.106; Fla. Stat. § 766.104(2). Comment on 3.8g This instruction is intended

Nowling v. Walton Regional Hospital

711 So. 2d 631, 1998 Fla. App. LEXIS 5871, 1998 WL 264468

District Court of Appeal of Florida | Filed: May 27, 1998 | Docket: 64781152

Published

statute of limitations. We conclude that the section 766.104(2), Florida Statutes, extension to the limitations

Standard Jury Instructions—Civil Cases—No. 97-1

700 So. 2d 379, 22 Fla. L. Weekly Supp. 641, 1997 Fla. LEXIS 1532, 1997 WL 637664

Supreme Court of Florida | Filed: Oct 16, 1997 | Docket: 64776159

Published

95.11(4)(b); Fla. Stat. § 766.106; Fla. Stat. § 766.104(2). Comment on 3.8g This instruction is intended

Kagan v. Pollock

638 So. 2d 151, 1994 Fla. App. LEXIS 5411, 1994 WL 246515

District Court of Appeal of Florida | Filed: Jun 8, 1994 | Docket: 64749086

Published

of the statute of limitations pursuant to section 766.104(2), Florida Statutes (1991). On May 1, 1991

Boyd v. Becker

603 So. 2d 1371, 1992 Fla. App. LEXIS 8935, 1992 WL 197854

District Court of Appeal of Florida | Filed: Aug 19, 1992 | Docket: 64669407

Published

day extension of the limitation period per section 766.104(2), Florida Statutes (1989).1 On August 30

Farancz v. St. Mary's Hospital, Inc.

585 So. 2d 1151, 1991 Fla. App. LEXIS 9125, 1991 WL 181523

District Court of Appeal of Florida | Filed: Sep 18, 1991 | Docket: 64661608

Published

104 and 766.106, Florida Statutes (1989). Section 766.104(2) expressly authorizes an extension of the

Baptist Hospital of Miami, Inc. v. Abaunza

563 So. 2d 174, 1990 Fla. App. LEXIS 4246, 1990 WL 78573

District Court of Appeal of Florida | Filed: Jun 12, 1990 | Docket: 64651188

Published

dismiss for Baptist’s failure to comply with section 766.104, Florida Statutes (1989). The trial court granted

Rhoades v. Southwest Florida Regional Medical Center

554 So. 2d 1188, 14 Fla. L. Weekly 2838, 1989 Fla. App. LEXIS 6862, 1989 WL 147946

District Court of Appeal of Florida | Filed: Dec 8, 1989 | Docket: 64647388

Published

in the 1988 Supplement. . Transferred to section 766.104, Florida Statutes (1988 Supp.). . Transferred