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Florida Second DCA rules that trial court must make factual findings regarding medical negligence plaintiff's compliance with pre-suit requirements before denying motion to dismiss

On December 13, 2017, in PP Transition, LP v. Munson, No. 2D17-136, the Florida Second DCA quashed a trial court’s order denying a medical negligence defendant’s motion to dismiss. The defendant had moved to dismiss the case on the basis that the plaintiff’s pre-suit medical expert was an out-of-state physician allegedly unqualified to opine on the standard of care provided by nursing personnel. The trial court had denied the motion without making any factual findings on the record regarding the plaintiff’s compliance with the pre-suit statute. The Second DCA concluded that the defendant was not afforded the proper process through procedural compliance with the statutory requirements.

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