Legal Opinion
Omni Healthcare, Inc. v. Moser
District Court of Appeal of Florida
Decided December 7, 2012No. Nos. 5D12-1235, 5D12-1245PublishedCited by 5 opinions
1Per curiam
Respondent filed a complaint attempting to allege simple negligence against Petitioners, who are a doctor, Adwait Jathal, and a physician group practice, Omni Healthcare, Inc. It is clear that what is alleged is a claim for medical malpractice. Petitioners filed a Motion to Dismiss in the trial court based on Respondent’s failure to comply with the presuit requirements of section 766.106, Florida Statutes. The trial court denied the Motion, and Petitioners each filed a Petition for Writ of Certiorari with this court seeking review of that order.1
We conclude that because Respondent failed to…
2Cases cited4 opinions
- Central Florida Regional Hosp. v. HillDistrict Court of Appeal of Florida · 1998
- MARTIN MEMORIAL MEDICAL CENTER v. HerberDistrict Court of Appeal of Florida · 2008
- LAKELAND REGIONAL MEDICAL CENTER v. AllenDistrict Court of Appeal of Florida · 2006
- KISSIMMEE HEALTH CARE ASSOCIATES v. GarciaDistrict Court of Appeal of Florida · 2011
3Cited by5 opinions
- Thomas B. Ireland v. Bill PrummellCourt of Appeals for the Eleventh Circuit · 2022
- Holmes Regional Medical Center, Inc. v. DumiganDistrict Court of Appeal of Florida · 2014
- Shands Teaching Hospital & Clinics, Inc. v. Estate of Lawson ex rel. LawsonDistrict Court of Appeal of Florida · 2015
- SRINIVAS RAO DONTINENI, M.D. vs PATRICIA SANDERSON, JOSEPH BOULAY, M.D., ALL STAR RECRUITING LOCUMS, LLC, ANGELO FERNANDES, M.D., ARVIND KUMAR, M.D., BREVARD INTERNAL MEDICINE & WALK IN CLINIC, PLLC, ET AL.District Court of Appeal of Florida · 2022
- Shands Teaching Hospital & Clinics, Inc. v. Estate of Lawson ex rel. LawsonDistrict Court of Appeal of Florida · 2015