presuit requirement (Florida) · Go Syfert
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presuit requirement in Florida

6 Florida opinions name it 2 courts 1995–2026 2 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
University of Miami v. Wilsongreen
fladistctapp · 2007 · cited in 2 Florida opinions naming this issue, 2007–2026
2 sentences

2026See Univ. of Miami v. Wilson, 948 So. 2d 774 , 778–79 (Fla. 3d DCA 2006) (“The purpose of the presuit requirement is to allow a potential defendant to investigate a claim and to encourage settlement prior to costly and time-consuming litigation.”).

2007Second, the November 6, 2003, letter from Dr. Scott’s insurer denying the medical malpractice claim explicitly and unequivocally states the claim was denied after reviewing “all available medical records and conducting a thorough investigation.” No qualification to this denial was made based on the inability to obtain some or all records during the insurer’s investigation. 3 “The purpose of the presuit requirement is to allow a potential defendant to investigate a claim and to encourage settlement prior to costly and time-consuming litigation.” University of Miami v. Wilson, 948 So.2d 774, 778

22
Bradshaw v. Bottgreen
fladistctapp · 2016 · cited in 1 Florida opinions naming this issue, 2024–2024
1 sentence

2024Woodford, 270 So. 3d at 484-85 ; Bradshaw v. Bott, 205 So. 3d 815, 817 (Fla. 4th DCA 2016) (recognizing that certiorari is available to enforce this presuit requirement).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
THE SCHOOL BOARD OF HILLSBOROUGH COUNTY, FLORIDA v. STEPHANIE WOODFORD green
fladistctapp · 2019
1 sentence

2024Woodford, 270 So. 3d at 484-85 ; Bradshaw v. Bott, 205 So. 3d 815, 817 (Fla. 4th DCA 2016) (recognizing that certiorari is available to enforce this presuit requirement).

12024–2024
Citizens Property Insurance Corp. v. Trapeo green
fladistctapp · 2014
1 sentence

2015Id.

12015–2015
Weinstock v. Groth green
fla · 1993
1 sentence

2002The Court concluded that the proper test for determining whether a defendant is entitled to the presuit requirement of notice under section 766.106(2) is "whether the defendant is directly or vicariously liable under the medical negligence standard of care set forth in section 766.102(1)." [5] Id. at 838 .

12002–2002
VISTA CENTRE v. Unlike Anything, Inc. green
fladistctapp · 1992
1 sentence

1995Parkway relies on four cases that discuss the enforceability of a party's presuit waiver of the constitutional right to trial by jury: C & C Wholesale, Inc. v. Fusco Management Corp., 564 So.2d 1259 (Fla. 2d DCA 1990); Vista Centre Venture v. Unlike Anything, Inc., 603 So.2d 576 (Fla. 5th DCA 1992); Palomares v. Ocean Bank of Miami, 574 So.2d 1159 (Fla. 3d DCA 1991); Credit Alliance Corp. v. Westland Machine Co., 439 So.2d 332 (Fla. 3d DCA 1983).

11995–1995
Credit Alliance Corp. v. WESTLAND MACHINE COMPANY green
fladistctapp · 1983
1 sentence

1995Parkway relies on four cases that discuss the enforceability of a party's presuit waiver of the constitutional right to trial by jury: C & C Wholesale, Inc. v. Fusco Management Corp., 564 So.2d 1259 (Fla. 2d DCA 1990); Vista Centre Venture v. Unlike Anything, Inc., 603 So.2d 576 (Fla. 5th DCA 1992); Palomares v. Ocean Bank of Miami, 574 So.2d 1159 (Fla. 3d DCA 1991); Credit Alliance Corp. v. Westland Machine Co., 439 So.2d 332 (Fla. 3d DCA 1983).

11995–1995
Palomares v. Ocean Bank of Miami green
fladistctapp · 1991
1 sentence

1995Parkway relies on four cases that discuss the enforceability of a party's presuit waiver of the constitutional right to trial by jury: C & C Wholesale, Inc. v. Fusco Management Corp., 564 So.2d 1259 (Fla. 2d DCA 1990); Vista Centre Venture v. Unlike Anything, Inc., 603 So.2d 576 (Fla. 5th DCA 1992); Palomares v. Ocean Bank of Miami, 574 So.2d 1159 (Fla. 3d DCA 1991); Credit Alliance Corp. v. Westland Machine Co., 439 So.2d 332 (Fla. 3d DCA 1983).

11995–1995
C & C Wholesale, Inc. v. Fusco Mgt. Corp. green
fladistctapp · 1990
1 sentence

1995Parkway relies on four cases that discuss the enforceability of a party's presuit waiver of the constitutional right to trial by jury: C & C Wholesale, Inc. v. Fusco Management Corp., 564 So.2d 1259 (Fla. 2d DCA 1990); Vista Centre Venture v. Unlike Anything, Inc., 603 So.2d 576 (Fla. 5th DCA 1992); Palomares v. Ocean Bank of Miami, 574 So.2d 1159 (Fla. 3d DCA 1991); Credit Alliance Corp. v. Westland Machine Co., 439 So.2d 332 (Fla. 3d DCA 1983).

11995–1995

Statutes the citing opinions construe

FL § 766.106 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

FL 6 (1995–2026) NE 5 (2020–2025) IL 2 (1998–1998) TX 2 (1983–2010) WA 2 (2012–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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