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Florida Supreme Court rules in medical negligence case that mailing of presuit notice of intent to initiate litigation, not receipt of notice, begins statutory tolling period

On April 21, 2022, in Boyle v. Samotin, et al., No. SC-20-1399, the Florida Supreme Court ruled that under § 766.106, Florida Statutes (2018), and Fla. R. Civ. P. 1.650, it is the timely mailing of the presuit notice of intent to initiate litigation (“NIIL”) in a medical negligence case, not the receipt of the NIIL, that begins the tolling of the applicable limitations period for filing a complaint for medical negligence. The Court consequently resolved a Florida DCA conflict on this issue. The Court quashed the Second District’s decision in this case to contrary and approved the cases of Zacker v. Croft, 609 So. 2d 140 (Fla. 4th DCA 1992), and Baxter v. Northrup, 128 So. 3d 908 (Fla. 5th DCA 2013), to the extent they are consistent with the Florida Supreme Court’s opinion.