MARK ANTHONY RUSSELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MARK ANTHONY RUSSELL, APPELLANT,
STATE OF FLORIDA, APPELLEE
687 So. 2d 993
Florida District Court of Appeal, Fifth District (1997)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
AFFIRMED.
See State v. Lezcano, 586 So. 2d 1287 (Fla. 3d DCA 1991).
COBB, SHARP, W„ and ANTOON, JJ., concur.
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Dauphinee v. Mark A. Wilstrup, M.D., OB & GYN Specialists, P.A., 696 So. 2d 388 (Fla. 5th DCA 1997)…on in the presuit screening process. In view of the clear wording of the statute, we must agree with the argument of the [*390] appellant that an affidavit by an expert for pre-suit screening purposes is a sworn statement. See Watkins v. Rosenthal, 687 So. 2d 993 (Fla. 3d DCA 1994); Rub v. Williams, 611 So. 2d 1328 (Fla. 3d DCA 1993); and Grimshaw v. Schwegel, 572 So. 2d 12 (Fla. 2d DCA 1990). Accordingly, the appellant is entitled to a new trial in respect to the defendants against whom Dr. Battles’ testimo…
Authorities Cited
- State v. Lezcano, 586 So. 2d 1287 (Fla. 3d DCA 1991)