ROBERT L. STEELE, M.D., AND ROBERT L. STEELE, M.D., P.A., PETITIONERS,
v.
CECIL L. DAVIS, JR., AS GUARDIAN AD LITEM, FOR AND ON BEHALF OF ANNA NICOLE CARLSON, A MINOR, RESPONDENT
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Florida appellate court denied certiorari petition challenging trial court's denial of motion to dismiss medical malpractice action, holding that a single pre-suit notice letter adequately notified defendant of claims by both mother and minor child despite naming only the mother.
A single pre-suit notice letter complying with section 766.106 may provide adequate notice of claims by both a parent and minor child even if the letter names only the parent as the claimant.
[1] A pre-suit notice letter under section 766.106, Florida Statutes, that identifies a parent as claimant may provide adequate notice of medical malpractice claims by both t…
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Join FLexlaw to unlock all legal intelligenceRobert L. Steele, a physician, received a pre-suit notice letter regarding a medical malpractice claim by Pamela Carlson, the mother of Anna Nicole Ca…
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PER CURIAM.
Petitioners, Robert L. Steele and Robert L. Steele, M.D., P.A., seek a writ of certiorari to overturn a nonfinal order denying their motion to dismiss a medical malpractice action by respondent, Cecil L. Davis, Jr., as guardian ad litem for the alleged malpractice victim, Anna Nicole Carlson, a minor, for failure to comply with the pre-suit notice requirements of section 766.106, Florida Statutes. Steele argues that the notice letter which was provided to comply with section 766.106 advised him only of a claim by Pamela Carlson, the mother of Anna Carlson, and that, since a separate notice was not provided on behalf of the child as an individual claimant prior to the running of the applicable statute of limitations, the complaint on her behalf should be dismissed. In denying the motion to dismiss, the trial court found that the letter also provided Steele adequate notice of the child’s claims. Because the petitioners have failed to demonstrate that the order of the trial court denying the motion to dismiss either exceeds the trial court’s jurisdiction or departs from the essential requirements of the law, we deny the petition. Anderson By and Through Anderson v. Lore, 618 So. 2d 369 (Fla. 1st DCA 1993); Shands Teaching Hospital and Clinics, Inc. v. Barber, 638 So. 2d 570 (Fla. 1st DCA 1994).
MICKLE, BENTON and VAN NORTWICK, JJ., concur.
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State v. L.G. and L.G., 801 So. 2d 1047 (Fla. 1st DCA 2001)…ose before the original order was entered. III. A petitioner who seeks relief by “ ‘writ of certiorari must show either that the trial court exceeded its jurisdiction or [otherwise] departed from the essential requirements of law. Steele v. Davis, 667 So. 2d 264, 264 (Fla. 1st DCA 1995).’ Smith v. Smith, 764 So. 2d 650, 651 (Fla. 1st DCA 2000).” St. Paul Fire and Marine Ins. Co. v. Marina Bay Resort Condo. Ass’n, 794. So. 2d 755, 756 (Fla. 1st DCA 2001). “In addition to showing such a departure, the petitio…
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ST. Paul Fire & Marine INS. Co. v. Marina BAY Resort Condo. Assoc., Inc., 794 So. 2d 755 (Fla. 1st DCA 2001)…nsel failing to cooperate to a $1,000.00 a day penalty.” “The petitioner who seeks a writ of certiorari must show either that the trial court exceeded its jurisdiction or [otherwise] departed from the essential requirements of law. Steele v. Davis, 667 So. 2d 264, 264 (Fla. 1st DCA 1995).” Smith v. Smith, 764 So. 2d 650, 651 (Fla. 1st DCA 2000). In addition to showing such a departure, the petitioner must demonstrate injury of a kind that cannot be remedied on appeal from final judgment. See Bared & Co. v. M…
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Smith v. Smith, 764 So. 2d 650 (Fla. 1st DCA 2000)…to verify the time sheets and time entries made as being reasonable.” The petitioner who seeks a writ of certiorari must show either that the trial court exceeded its jurisdiction or departed from the essential requirements of law. Steele v. Davis, 667 So. 2d 264, 264 (Fla. 1st DCA 1995). The Florida Code of Professional Responsibility mandates that a client’s matters remain confidential, except in limited circumstances. R. Regulating Fla. Bar 4-1.6. The trial court admitted that there is no authority for th…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Shands Teaching Hosp. & Clinics, Inc. v. Barber, 638 So. 2d 570 (Fla. 1st DCA 1994)
- Vernon v. State, 618 So. 2d 369 (Fla. 1st DCA 1993)
- Jeromy Anderson v. Charles E. Lore, M.D., 618 So. 2d 369 (Fla. 1st DCA 1993)