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FL Supreme CourtSeptember 6, 2018Quashed and Remanded⚡ Circuit Split Resolved

Morris v. Muniz

Case No. SC16-931

The Florida Supreme Court resolved conflict among the districts, holding that where the facts about a chapter 766 presuit medical expert's qualifications are unrefuted, de novo review applies to a dismissal based on the expert's lack of qualification (rejecting the First District's abuse-of-discretion standard). The Court also held that a trial court must make a finding of prejudice to the defendant before dismissing a medical malpractice action under section 766.205(2) for failure to comply with informal presuit discovery, and it quashed the dismissal because the expert's affidavit facially satisfied the statute and defendants presented no evidence refuting it.

Key facts

  • Morris sued for medical malpractice; defendants moved to dismiss arguing the presuit expert lacked sufficient qualifications under Florida's Chapter 766 presuit requirements.
  • The trial court dismissed the case, and the First District Court of Appeal upheld the dismissal under an abuse-of-discretion standard, creating conflict with other districts on the proper standard of review.
  • +2 more key facts with a free trial

Why it matters

This is a major medical-malpractice presuit decision resolving an express district conflict on the standard of review and establishing a mandatory prejudice finding before dismissal under section 766.205(2). Plaintiffs'… — full analysis with a trial

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