Legal Opinion

Phillips v. Cook

District Court of Appeal of Florida

Decided April 21, 2006No. 5D05-2340Published

1Opinion of the CourtPalmer, J.

The petitioners seek a writ of certiorari regarding the trial court’s order denying them motion to dismiss the respondent’s medical malpractice lawsuit. The dismissal motion was based upon the respondent’s failure to comply with the presuit screening requirements of the Florida Statutes. See § 766.106, Fla. Stat. (2005). Concluding that the trial court did not depart from the essential requirements of law in denying the petitioners’ motion to dismiss, we deny the instant certiorari petition.

The respondent, Jason Cook, filed suit against the petitioners alleging that he was the victim of…

2Cases cited1 opinion

  1. Torrey v. Leesburg Regional Medical CenterDistrict Court of Appeal of Florida · 2001

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