University of Miami v. Shanay Hall Jones
The University of Miami sought certiorari review of an order summarily denying its motion to dismiss a medical malpractice suit for failure to comply with chapter 766 presuit requirements. The Third District held that when a defendant challenges presuit compliance under section 766.206, the trial court must make express findings as to the claimant's compliance, and that summarily denying the motion without findings departs from the essential requirements of law and causes irreparable harm. The petition was granted and the order quashed.
Key facts
- University of Miami filed a motion to dismiss a medical malpractice suit brought by Shanay Hall Jones for failure to comply with chapter 766 presuit requirements; the trial court summarily denied the motion without making express findings on the claimant's compliance.
- The Third District Court of Appeal granted certiorari review after finding that the trial court's summary denial departed from essential requirements of law by failing to make express findings regarding presuit compliance.
- +1 more key fact with a free trial
Why it matters
Medical malpractice defense counsel can use this opinion to force trial courts to make express presuit-compliance findings — and to obtain certiorari relief when a court denies a chapter 766 motion without explication… — full analysis with a trial
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