JOSE GUTIERREZ, APPELLANT,
v.
CHERYL MCDOWELL, APPELLEE

Fla. 5th DCA | 2007-02-16
No. 5D06-2194
PALMER, ORFINGER and MONACO, JJ., concur.
948 So. 2d 968 Florida District Court of Appeal, Fifth District (2007) Positive Treatment
Cited by 7 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. See Ingersoll v. Hoffman, 589 So. 2d 223 (Fla.1991) (holding that healthcare provider’s failure to timely raise issue of patients’ failure to provide statutory pre-litigation notice of intent to file medical malpractice action constituted waiver of issue).

PALMER, ORFINGER and MONACO, JJ., concur.


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  • Lynwood Davis v. State, 4 So. 3d 734 (Fla. 1st DCA 2009)
    …PER CURIAM. This appeal is dismissed for lack of jurisdiction. Fla. R.App. P. 9.140(b)(2)(A)(i); Thomas v. State, 948 So. 2d 968, 969 (Fla. 1st DCA 2007); Prince v. State, 885 So. 2d 967 (Fla. 4th DCA 2004); Hawk v. State, 848 So. 2d 475 (Fla. 5th DCA 2003). ALLEN, VAN NORTWICK, and ROBERTS, JJ., concur.…
  • K.N.B. v. State, 982 So. 2d 1277 (Fla. 1st DCA 2008)
    …)(A)® (“A defendant who pleads guilty or nolo contendere may expressly reserve the right to appeal a prior disposi-tive order of the lower tribunal, identifying with particularity the point of law being reserved.”) (Emphasis added); Thomas v. State, 948 So. 2d 968, 969 (Fla. 1st DCA 2007) (dismissing the appeal for lack of jurisdiction because the parties did not stipulate that the motion to suppress presented a dispositive issue and the trial court did not find that its denial of the motion was dispositive);…
  • Nigel Jarod Bryant v. State, 213 So. 3d 954 (Fla. 1st DCA 2015)
    …PER CURIAM. DISMISSED. Thomas v. State, 948 So. 2d 968 (Fla. 1st DCA 2007). RAY, SWANSON, and MAKAR, JJ., concur.…

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