The 2023 Florida Statutes (including Special Session C)
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. . . opinion from a qualified medical expert, the Defendants argued, dismissal was warranted under section 766.206 . . . this issue with another expert, dismissal is a proper remedy pursuant to [ sections] 766.205(2) and 766.206 . . . From there, we turn to the trial court's first basis for dismissal under section 766.206(2), which states . . . including obtaining "a verified medical expert opinion by an expert witness" as defined by statute. § 766.206 . . . Dismissal for Failure to Obtain a "Qualified" Expert Witness Under section 766.206(2), if the court finds . . .
. . . status of the person requesting the records to determine whether they are a claimant under section 766.206 . . .
. . . See § 766.206(1), (2). After a nónevidentiary hearing, the trial court denied the motion. . . . See § 766.206(1); Martin Mem’l Med. Ctr., Inc. v. . . .
. . . challenged the plaintiffs compliance with Florida’s presuit investigatory requirements under section 766.206 . . . Section 766.206(2) provides as follows: If the court finds that the notice of intent to initiate litigation . . . affidavit did not meet the statutory pre-suit notice requirements and dismissed the claim, Section 766.206 . . .
. . . Compare § 702.015(4), and rule 1.115(c), with § 766.206, Fla. . . .
. . . Likewise, section 766.206(2) requires dismissal of the claim where the court finds that the notice of . . . appellees’ attempts to verify the expert’s qualifications merited dismissal under sections 766.205(2) and 766.206 . . .
. . . constitute a failure to comply with the statutory presuit screening requirements under sections 766.203 and 766.206 . . .
. . . Dickens’s pleadings under section 766.206, Florida Statutes, which governs presuit investigation of medical . . . Dickens’s responsive pleading under section 766.206, Florida Statutes (2005). . . .
. . . Additionally, section 766.206(2), Florida Statutes (2006), provides: If the court finds that the notice . . .
. . . Staples under section 766.206(2), Florida Statutes (2007). . . . The trial court used section 766.206(2) to award fees for pre-suit costs spent investigating the legitimacy . . . Staples is challenging that portion of the order awarding post-suit costs, arguing section 766.206(2) . . . This interpretation of section 766.206(2) is supported by caselaw. In Rodriguez v. . . . The problem with defendant’s argument is that it ignores the language of section 766.206(2). . . .
. . . . § 766.206(2). . . .
. . . In February 2010, pursuant to section 766.206, Dr. . . .
. . . 984 So.2d 661, 663-64 (Fla. 4th DCA 2008) (“ ‘[w]hen one of the parties files a motion under section 766.206 . . .
. . . We reverse the trial court’s order dismissing this case for failure to comply with section 766.206, Florida . . . trial court must decide whether a claim “rests on a reasonable basis” within the meaning of subsection 766.206 . . . The reasonableness of an investigation under section 766.206(2) is a factual matter, which is reviewed . . .
. . . Pursuant to section 766.206, Florida Statutes (2005), Dr. . . .
. . . Rather, as explained in Holden, the hearing to determine pre-suit compliance, provided for in section 766.206 . . . Section 766.206(1) delays this hearing until after the completion of pre-suit discovery. . . .
. . . .” § 766.206(5)(a), Fla. Stat. (2009). . . .
. . . .” § 766.206(1). . . . . § 766.206(2). . . . claimant complies with the reasonable investigation requirements of sections 766.201 to 766.212. § 766.206 . . . Applying the reasonableness requirements of section 766.206 In their motion to dismiss, Dr. . . . of the complaint is misplaced at this stage of the proceedings because the plain language of section 766.206 . . .
. . . . § 766.206(2). NBHD relies on the ease of Grau v. . . .
. . . claiming error in the trial court’s Order Denying Motion of Defendants to Dismiss Pursuant to Section 766.206 . . . Petitioners filed a Motion of the Defendants to Dismiss Pursuant to Section 766.206, Fla. . . .
. . . See § 766.206(1); Martin Mem’l Med. Ctr., Inc. v. . . .
. . . dismiss for failure to comply with statutory presuit screening requirements under sections 766.203 and 766.206 . . . In Duffy, the First District concluded that “[w]hen one of the parties files a motion under section 766.206 . . .
. . . case to strike the physician’s pleadings for failing to comply with the presuit provisions of section 766.206 . . . It is undisputed that the physician violated section 766.206(3) in that he did not, in his pro se response . . . We deny plaintiffs motion for appellate attorney’s fees, grounded on section 766.206(3), which provides . . .
. . . . § 766.206(2) (2005), the claimant may cure the default and proceed with the suit as long as the pre-suit . . . Stat. § 766.206(2) (2005). . . .
. . . had not complied with section 766.203 and that the complaint should be dismissed pursuant to section 766.206 . . .
. . . See § 766.206(2),. Fla. . . .
. . . Nevertheless, all counts of the complaint were dismissed pursuant to section 766.206, Florida Statutes . . .
. . . See §§ 766.203-766.206, Fla. Stat. (2003). . . .
. . . Accordingly, the Wolfords argued that section 766.206(8), Florida Statutes (1999), required the court . . .
. . . result, the trial court dismissed Apos-tolico’s cause of action with prejudice pursuant to section 766.206 . . .
. . . Presuit investigation of medical negligence claims and defenses pursuant to this section and ss. 766.204-766.206 . . .
. . . Presuit investigation of medical negligence claims and defenses pursuant to this section and ss. 766.204-766.206 . . .
. . . . § 766.206(1) (2001); St. Mary’s Hosp., Inc. v. Phillipe, 769 So.2d 961, 970 (Fla.2000). . . .
. . . Grau argues that the sanction entered by the court was not authorized under section 766.206(3), Florida . . . Section 766.206(3) provides, If the court finds that the response mailed by a defendant rejecting the . . . So.2d 629 (Fla. 4th DCA), review denied, 679 So.2d 774 (Fla.1996), this court concluded that section 766.206 . . . Notwithstanding section 766.206(3), section 766.106(3)(a), Florida Statutes (1999) provides that during . . . Since Karr was argued solely under section 766.206(3) and this court was not asked to consider section . . .
. . . . §§ 766.106 and 766.206. . . .
. . . requirements of §§ 766.106 and 766.203, Florida Statutes, their complaint must be dismissed pursuant to § 766.206 . . .
. . . Upon dismissal defendant sought fees under section 766.206(2), and the trial court awarded $40,000. . . . Section 766.206(2) limits liability to “all attorney’s fees ... incurred during the investigation and . . .
. . . The motion cited sections 766.206(1) and (5), and alleged that Dr. . . . Section 766.206(5)(a), Florida Statutes (1995), provides in pertinent part: If the court finds that the . . .
. . . its pleadings for failure to comply with plaintiffs’ presuit discovery requests pursuant to section 766.206 . . .
. . . Plaintiffs’ motion for attorneys fees rested on section 766.206(3), which says: “If the court finds that . . . [emphasis supplied] § 766.206(3), Fla. Stat. (1997). . . .
. . . See § 766.206, Fla. Stat. (1997). . . .
. . . Although the majority points out that other provisions of the chapter, i.e. sections 766.206(2), 766.206 . . . (3), and 766.206(5)(a), provide for some accountability, in my opinion, this is not enough. . . . Sections 766.206(2) and (3) only impose personal liability for the opponent’s costs and fees on the attorney . . . (codified at §§ 766.201-766.206, Fla. Stat. (1989)). . . . successor section 766.106(5) are designated as dealing with “presuit screening” while new sections 766.201-766.206 . . . For example, sections 766.206(2) and (3), Florida Statutes (1995), provide that a claim will be dismissed . . . Section 766.206(5)(a), Florida Stat-ules (1995), requires a court to report to the state licensing authority . . .
. . . Presuit investigation of medical negligence claims and defenses pursuant to this section and ss. 766.204-766.206 . . .
. . . prejudice and in awarding sanctions against her in the form of attorney’s fees and costs under section 766.206 . . . Section 766.206, Florida Statutes (1997), provides as follows: (1) After the completion of presuit investigation . . . In addressing the issue of sanctions under section 766.206, this court, in Karr v. . . . corroborative expert affidavit, in and of itself, is insufficient to grant sanctions under section 766.206 . . . In Duffy, the First District held that when one of the parties files a motion under section 766.206, . . .
. . . court abused its discretion in dismissing the complaint with prejudice as sanctioned under section 766.206 . . .
. . . CFRH sought summary judgment pursuant to section 766.206, Florida Statutes (1995), based upon Hill’s . . .
. . . court finds that a claimant has not complied with presuit procedures prior to filing his complaint, § 766.206 . . . requirements of §§ 766.106 and 766.203, Florida Statutes, their complaint must be dismissed pursuant to § 766.206 . . .
. . . Pagan’s pleadings on the basis of sections 766.203(3) and 766.206(3), Florida Statutes. . . . Section 766.206(3), Florida Statutes provides for the striking of a defendant’s response and other sanctions . . .
. . . Sections 766.201 through 766.206 set forth more detailed requirements for the presuit investigation and . . .
. . . .” § 766.206(2); see also § 766.106(2). . . . . § 766.206(2). . . .
. . . This is an appeal from an award of attorney’s fees pursuant to sections 766.104(1) and 766.206(2), Florida . . . Thereafter, L.H.O.C. moved for an award of attorney’s fees pursuant to sections 766.104(1) and 766.206 . . . Section 766.206(2) provides a further basis for attorney’s fees if the claimant’s notice of intent to . . . Thus, neither section 766.104(1) or section 766.206(2) provides a basis for an attorney’s fee award in . . . Section 766.206(2) states: If the court finds that the notice of intent to initiate litigation mailed . . .
. . . emphasis added), as do provisions allowing the court to determine if a claim or denial is reasonable, § 766.206 . . .
. . . Under section 766.206, Florida Statutes (1991), since no reasonable investigation was conducted, the . . . Id. § 766.206(1). . . . Id. § 766.206(2). . . . Section 766.206(3) is a similar provision addressing the defendant’s non-compliance with the statute, . . . You said 766.206? Oh, I’m sorry. Maybe— MR. GRAHAM: 766.206, I believe, is the statute. . . .
. . . their defenses for failure to conduct a. good faith investigation pursuant to sections 766.203 and 766.206 . . . Section 766.206(3), under which plaintiffs were seeking sanctions, provides: If the court finds that . . .
. . . statutory provision under which she was moving, plaintiff agreed at oral argument that it was under section 766.206 . . . We cannot agree with the plaintiff that the word “response” in section 766.206(3) includes pleadings. . . . the claimant or defendant is “not in compliance with the reasonable investigation requirements.” §§ 766.206 . . .
. . . challenged the sufficiency of appellant’s presuit investigation was by the motion provided for in section 766.206 . . . this issue on summary judgment where appellees failed to move for a determination pursuant to section 766.206 . . . contravenes the spirit of section 766.206 and the ease law interpreting this section. . . .
. . . Pursuant to section 766.206(2) the motions to dismiss were granted. . . . Section 766.206(2), Florida Statutes (1991), provides, ”[i]f the court finds that the notice of intent . . . Section 766.206(5)(b), Florida Statutes (1991), permits the court to refuse to consider the opinion of . . .
. . . separate their claims for the purposes of responding to an offer to arbitrate made pursuant to section 766.206 . . .
. . . appeal, without any loss to Cohen of any benefit intended by the Legislature, pursuant to sections 766.206 . . .
. . . . § 766.206, Fla.Stat. (1993). . . .
. . . The trial court entered an order dismissing the complaint with prejudice under section 766.206(2), Florida . . .
. . . Respondents seek to depose the medical expert in preparation for their action under section 766.206(1 . . . Respondents contend that quashing this order would frustrate the trial court in its efforts under section 766.206 . . . In making its determination pursuant to section 766.206(1), the trial court may consider any relevant . . .
. . . Under section 766.206, Florida Statutes (1991), since no reasonable investigation was conducted, the . . . “The procedure for judicial review set out in section 766.206 cannot be converted into some type of summary . . .
. . . Joseph’s could have moved to resolve that issue under section 766.206(1) or, in the alternative, Suarez . . .
. . . the trial court was not precluded from considering them in camera in making its determination under § 766.206 . . .
. . . . § 766.206 (West 1993). . . .
. . . informal presuit discovery had been completed, all three doctors filed motions, pursuant to section 766.206 . . . of intent to initiate litigation; and had awarded attorney fees to the claimant, pursuant to section 766.206 . . . Affirming the trial court’s decision, this court said: When one of the parties files a motion under section 766.206 . . . The procedure for judicial review set out in section 766.206 cannot be converted into some type of summary . . .
. . . The physicians asked the trial court to determine, as provided by section 766.206, Florida Statutes ( . . .
. . . Act, sections 766.106(2) and 766.203(2), and thus their suit should be dismissed, pursuant to section 766.206 . . . Sanctions were imposed in Duffy, pursuant to section 766.206(3), primarily because the defendant failed . . .
. . . When appellee sought appellate attorney fees, relying on sections 766.206(3) and 59.-46, Florida Statutes . . . She argues that the award of attorney fees pursuant to section 766.206(3) is mandatory, asserting that . . . Section 766.206(3). provides that if the trial court finds that the response rejecting the medical malpractice . . . Section 766.206(3) imposes a limited sanction on the person mailing the noncomplying presuit response . . .
. . . He observed that under section 766.206 the burden of persuasion and the initial burden of going forward . . . Section 766.206(1) provides that after completion of presuit investigation and any informal discovery . . . When one of the parties files a motion under section 766.206, the trial court must determine whether . . . Section 766.206(5)(a) provides that if the court finds “that the corroborating written medical expert . . . Section 766.206(4) provides for discipline of an attorney acting without reasonable investigation. . . .
. . . Section 766.206(5)(a), Florida Statutes (1991) provides: If the court finds that the corroborating written . . .
. . . . § 766.206, Fla.Stat. (Supp.1988). . . . .
. . . Specifically, respondents point to section 766.206(3), Florida Statutes (Supp.1988), which provides: . . . Damus’s general denial of liability was in good faith, and section 766.206(3) essentially becomes meaningless . . . court may strike the defendant’s pleadings and assess attorney’s fees and costs pursuant to section 766.206 . . .