ROBERT J. GRIFFIN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 1st DCA | 2009-09-29
No. 1D09-1361
WEBSTER, DAVIS, and LEWIS, JJ., concur.
23 So. 3d 140 Florida District Court of Appeal, First District (2009) Negative Treatment
Cited by 7 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The petition alleging ineffective assistance of appellate counsel is denied on the merits.

WEBSTER, DAVIS, and LEWIS, JJ., concur.


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  • Williams v. Keith Robinson Oken, M.D., 62 So. 3d 1129 (Fla. 2011)
    …PER CURIAM. Petitioner, Ted Williams, seeks review of the decision of the First District Court of Appeal in Oken v. Williams, 23 So. 3d 140 (Fla. 1st DCA 2009), on the ground that it expressly and directly conflicts with a decision of the Fourth District Court of Appeal in St. Mary’s Hospital v. Bell, 785 So. 2d 1261 (Fla. 4th DCA 2001), on a question of law. We have jurisdiction. See a…
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    …ontext” where a medical defendant presents facts demonstrating the plaintiff has not met the pre- [*115] suit notice requirements of chapter 766. See Miami Physical Therapy Assocs. v. Savage, 682 So. 2d 114, 116 (Fla. 3d DCA 1994); Oken v. Williams, 23 So. 3d 140, 145 (Fla. 1st DCA 2009). The appropriate scope of certiorari review of an order denying a motion to dismiss in the context of chapter 766 presuit compliance actions was described in St. Mary’s Hospital v. Bell, 785 So. 2d 1261, 1262 (Fla. 4th DCA 2…
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    …avit, in which he opines Dr. Gu deviated from the standard of care directed at an emergency department physician, cannot be considered a valid written medical expert opinion under section 766.208(2). As the First District noted in Oken v. Williams, 23 So. 3d 140, 146 (Fla. 1st DCA 2009), the term “similar specialty” has neither been defined by statute nor case law following the Florida Legislature’s amendment of section 766.102(5) in 2003. In Oken, the plaintiff suffered an acute myocardial infarction while…

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