Mobil Corp. v. Mallia

I respectfully dissent because I do not agree that the trial court’s order departed from the essential requirements of law.

Simply stated, section 774.205(2), Florida Statutes (2005), specifically provides that for any pending claims, “the plaintiff must file the report and supporting test results at least 30 days before setting a date for trial.” (emphasis added). The majority would apply the statute to include cases whose trials have already been set. If that were the case, the statute should read “at least 30 days before trial.”

When considering such an extraordinary remedy as a writ of…