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Florida Third DCA reverses trial court order which dismissed medical negligence complaint for failure comply with the presuit requirements; finds that trial court erred by not holding evidentiary hearing

On October 20, 2021, in Powell v. Sampson, No. 3D20-1082, a per curiam decision, the Florida Third DCA reversed a trial court order which had dismissed the plaintiff’s medical negligence complaint for failure to comply with the medical negligence presuit requirements of Fla. Stat. § 766.206. The Third DCA concluded that the trial court erred by not affording the plaintiff an evidentiary hearing, citing in support Holden v. Bober, 39 So. 3d 396, 403 (Fla. 2d DCA 2010).

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