SHELIA T. POWELL
v.
JOHN ARGYLE GILMORE SAMPSON, M.D.
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Shelia T. Powell appealed the dismissal of her medical malpractice complaint against Dr. John Argyle Gilmore Sampson and Seduction Cosmetic Center Corp. The trial court dismissed the complaint for failure to comply with medical malpractice presuit requirements without conducting an evidentiary hearing. The appellate court reversed, holding that an evidentiary hearing was required to determine whether Powell complied with the reasonable presuit investigation requirements under Florida law.
The trial court erred in dismissing the medical malpractice complaint without conducting an evidentiary hearing to determine whether Powell complied with the reasonable presuit investigation requirements of Florida Statute § 766.206.
[1] An evidentiary hearing is required to determine a plaintiff's compliance with Florida's medical malpractice presuit investigation requirements under chapter 766 before a…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the trial court should have afforded the parties an evidentiary hearing to determine whether Powell "complied with the reasonable presuit investigation requirements of chapter 766"”
Court's explanation of the error requiring reversal
Powell filed a medical malpractice complaint against Dr. Sampson and the cosmetic center. The defendants filed a motion to dismiss for failure to comp…
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Opinion filed October 20, 2021. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D20-1082 Lower Tribunal No. 19-36863 ________________ Shelia T. Powell,
Appellant,
vs.
John Argyle Gilmore Sampson, M.D., et al., Appellees. An Appeal from the Circuit Court for Miami-Dade County, Alan Fine, Judge. Alexander Appellate Law P.A., and Samuel Alexander (DeLand), for appellant. Lalchandani Simon PL, and Kubs Lalchandani and Daniel E. Davis; Lubell & Rosen, LLC, and Ryan M. Sanders (Fort Lauderdale), for appellees. Before LOGUE, SCALES and LINDSEY, JJ. PER CURIAM.
Shelia T. Powell, the plaintiff below, appeals a June 30, 2020 final order dismissing her medical malpractice complaint against the defendants below, appellees John Argyle Gilmore Sampson, M.D. and Seduction Cosmetic Center Corp. d/b/a Seduction by Jardon’s Cosmetic. After Powell filed her medical malpractice complaint below, the appellees filed their “Motion to Dismiss Plaintiff’s Complaint for Failure to Comply with the Medical Malpractice Presuit Requirements.” At the subsequent non-evidentiary hearing on the motion to dismiss, the trial court, over the objection of Powell’s counsel that an evidentiary hearing was required to adjudicate the motion, heard and granted the motion. Because, on this record, the trial court should have afforded the parties an evidentiary hearing to determine whether Powell “complied with the reasonable presuit investigation requirements of chapter 766,” Holden v. Bober, 39 So. 3d 396, 403 (Fla. 2d DCA 2010); § 766.206, Fla. Stat. (2019), we reverse the challenged dismissal order and remand for further proceedings.
Reversed and remanded with instructions.