Florida Statute 766.206 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS

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766.206 Presuit investigation of medical negligence claims and defenses by court.—

(1) After the completion of presuit investigation by the parties pursuant to s. 766.203 and any discovery pursuant to s. 766.106, any party may file a motion in the circuit court requesting the court to determine whether the opposing party’s claim or denial rests on a reasonable basis.

(2) If the court finds that the notice of intent to initiate litigation mailed by the claimant does not comply with the reasonable investigation requirements of ss. 766.201-766.212, including a review of the claim and a verified written medical expert opinion by an expert witness as defined in s. 766.202, or that the authorization accompanying the notice of intent required under s. 766.1065 is not completed in good faith by the claimant, the court shall dismiss the claim, and the person who mailed such notice of intent, whether the claimant or the claimant’s attorney, is personally liable for all attorney’s fees and costs incurred during the investigation and evaluation of the claim, including the reasonable attorney’s fees and costs of the defendant or the defendant’s insurer.

(3) If the court finds that the response mailed by a defendant rejecting the claim is not in compliance with the reasonable investigation requirements of ss. 766.201-766.212, including a review of the claim and a verified written medical expert opinion by an expert witness as defined in s. 766.202, the court shall strike the defendant’s pleading. The person who mailed such response, whether the defendant, the defendant’s insurer, or the defendant’s attorney, shall be personally liable for all attorney’s fees and costs incurred during the investigation and evaluation of the claim, including the reasonable attorney’s fees and costs of the claimant.

(4) If the court finds that an attorney for the claimant mailed notice of intent to initiate litigation without reasonable investigation, or filed a medical negligence claim without first mailing such notice of intent which complies with the reasonable investigation requirements, or if the court finds that an attorney for a defendant mailed a response rejecting the claim without reasonable investigation, the court shall submit its finding in the matter to The Florida Bar for disciplinary review of the attorney. Any attorney so reported three or more times within a 5-year period shall be reported to a circuit grievance committee acting under the jurisdiction of the Supreme Court. If such committee finds probable cause to believe that an attorney has violated this section, such committee shall forward to the Supreme Court a copy of its finding.

(5)(a) If the court finds that the corroborating written medical expert opinion attached to any notice of claim or intent or to any response rejecting a claim lacked reasonable investigation or that the medical expert submitting the opinion did not meet the expert witness qualifications as set forth in s. 766.102(5), the court shall report the medical expert issuing such corroborating opinion to the Division of Medical Quality Assurance or its designee. If such medical expert is not a resident of the state, the division shall forward such report to the disciplining authority of that medical expert.

(b) The court shall refuse to consider the testimony or opinion attached to any notice of intent or to any response rejecting a claim of an expert who has been disqualified three times pursuant to this section.

History.—s. 53, ch. 88-1; s. 29, ch. 88-277; s. 35, ch. 91-110; s. 61, ch. 2003-416; s. 155, ch. 2004-5; s. 14, ch. 2011-233.

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Amendments to 766.206

Annotations, Discussions, Cases:

Cases Citing Statute 766.206

Total Results: 76

Williams v. Oken

62 So. 3d 1129, 36 Fla. L. Weekly Supp. 202, 2011 Fla. LEXIS 1027, 2011 WL 1675242

Supreme Court of Florida | Filed: May 5, 2011 | Docket: 2360888

Cited 130 times | Published

facts contained in the notice. Id. Pursuant to section 766.206, Florida Statutes (2005), Dr. Oken filed a

Kukral v. Mekras

679 So. 2d 278, 1996 WL 316134

Supreme Court of Florida | Filed: Jun 13, 1996 | Docket: 1665987

Cited 64 times | Published

opinion before filing their notices. Under section 766.206, Florida Statutes (1991), since no reasonable

Stebilla v. Mussallem

595 So. 2d 136, 1992 WL 24470

District Court of Appeal of Florida | Filed: Feb 14, 1992 | Docket: 1299226

Cited 27 times | Published

of the plaintiffs' presuit investigation [see § 766.206(2)]. No motion seeking a court ruling pursuant

Ragoonanan v. Assocs. in Obstetrics & Gynecology

619 So. 2d 482, 1993 WL 196317

District Court of Appeal of Florida | Filed: Jun 11, 1993 | Docket: 1381989

Cited 18 times | Published

the trial court to determine, as provided by section 766.206, Florida Statutes (1989), *484 whether the

MARTIN MEMORIAL MEDICAL CENTER v. Herber

984 So. 2d 661, 2008 Fla. App. LEXIS 9436, 2008 WL 2512397

District Court of Appeal of Florida | Filed: Jun 25, 2008 | Docket: 1288971

Cited 16 times | Published

"[w]hen one of the parties files a motion under section 766.206, the trial court must determine whether the

Central Florida Regional Hosp. v. Hill

721 So. 2d 404, 1998 Fla. App. LEXIS 14773, 1998 WL 821759

District Court of Appeal of Florida | Filed: Nov 20, 1998 | Docket: 1323143

Cited 14 times | Published

CFRH sought summary judgment pursuant to section 766.206, Florida Statutes (1995), based upon Hill's

Humana of Florida, Inc. v. McKaughan

652 So. 2d 852

District Court of Appeal of Florida | Filed: Mar 3, 1995 | Docket: 476328

Cited 14 times | Published

malpractice claim which has no reasonable basis. *863 § 766.206, Fla. Stat. (1993). Again, we are confident that

Cooper v. Gulf Breeze Hospital, Inc.

839 F. Supp. 1538, 1993 U.S. Dist. LEXIS 19516, 1993 WL 512092

District Court, N.D. Florida | Filed: Nov 30, 1993 | Docket: 2038372

Cited 14 times | Published

than have this issue go to trial. Fla.Stat.Ann. § 766.206 (West 1993). If the potential plaintiff refuses

Apostolico v. Orlando Regional Health Care System, Inc.

871 So. 2d 283, 2004 Fla. App. LEXIS 3847, 2004 WL 587660

District Court of Appeal of Florida | Filed: Mar 26, 2004 | Docket: 1300574

Cited 13 times | Published

cause of action with prejudice pursuant to section 766.206(2), concluding that the deficiency could not

Duffy v. Brooker

614 So. 2d 539, 1993 WL 8994

District Court of Appeal of Florida | Filed: Jan 21, 1993 | Docket: 1509854

Cited 13 times | Published

imposing sanctions upon the insurer under section 766.206, Florida Statutes (1989). We affirm. In August

Baptist Medical Center of the Beaches, Inc. v. Rhodin

40 So. 3d 112, 2010 Fla. App. LEXIS 10454, 2010 WL 2795380

District Court of Appeal of Florida | Filed: Jul 16, 2010 | Docket: 1666945

Cited 12 times | Published

disciplining authority of that medical expert." § 766.206(5)(a), Fla. Stat. (2009). Continuing with our

Graber v. CLARENDON NAT. INS. CO.

819 So. 2d 840, 2002 WL 985371

District Court of Appeal of Florida | Filed: May 15, 2002 | Docket: 2537778

Cited 12 times | Published

prompt resolution of medical malpractice claims. § 766.206(1) (2001); St. Mary's Hosp., Inc. v. Phillipe

Largie v. Gregorian

913 So. 2d 635, 2005 WL 1631086

District Court of Appeal of Florida | Filed: Jul 13, 2005 | Docket: 1698277

Cited 11 times | Published

of the claim against her from this suit. See § 766.206(2), Fla. Stat. (2002) (authorizing dismissal of

Cohen v. Dauphinee

739 So. 2d 68, 1999 WL 236248

Supreme Court of Florida | Filed: Apr 15, 1999 | Docket: 1293999

Cited 11 times | Published

the reasonable investigation requirements. Section 766.206(5)(a), Florida Statutes (1995), requires a

Tuyuana L. Morris, etc. v. Orlando S. Muniz, M.D.

252 So. 3d 1143

Supreme Court of Florida | Filed: Sep 6, 2018 | Docket: 7813516

Cited 8 times | Published

Defendants argued, dismissal was warranted under section 766.206(2), Florida Statutes (2011). As a second

Holden v. Bober

39 So. 3d 396, 2010 Fla. App. LEXIS 9131, 2010 WL 2507279

District Court of Appeal of Florida | Filed: Jun 23, 2010 | Docket: 1923934

Cited 8 times | Published

party's claim ... rests on a reasonable basis." § 766.206(1). The circuit court must then determine whether

Broadway v. Bay Hospital, Inc.

638 So. 2d 176, 1994 WL 257045

District Court of Appeal of Florida | Filed: Jun 14, 1994 | Docket: 1652572

Cited 8 times | Published

dismissing the complaint with prejudice under section 766.206(2), Florida Statutes, which requires that a

Bombalier v. Lifemark Hosp. of Fla.

661 So. 2d 849, 1995 WL 521222

District Court of Appeal of Florida | Filed: Sep 6, 1995 | Docket: 1526304

Cited 7 times | Published

to an offer to arbitrate made pursuant to section 766.206, Florida Statutes (1993). 8. The Court further

Suarez v. St. Joseph's Hosp., Inc.

634 So. 2d 217, 1994 WL 94136

District Court of Appeal of Florida | Filed: Mar 23, 1994 | Docket: 1472489

Cited 7 times | Published

could have moved to resolve that issue under section 766.206(1) or, in the alternative, Suarez *220 should

Clark v. Sarasota County Public Hospital Board

65 F. Supp. 2d 1308, 1998 U.S. Dist. LEXIS 22696, 1998 WL 1112980

District Court, M.D. Florida | Filed: Aug 31, 1998 | Docket: 2297682

Cited 6 times | Published

presuit procedures prior to filing his complaint, § 766.206(2), Florida Statutes directs the court to dismiss

Faber v. Wrobel

673 So. 2d 871, 1995 WL 715489

District Court of Appeal of Florida | Filed: Dec 6, 1995 | Docket: 1671343

Cited 6 times | Published

requirements of sections 766.201-766.212. Pursuant to section 766.206(2),[1] the motions to dismiss were granted

Wolfsen v. Applegate

619 So. 2d 1050, 1993 WL 210583

District Court of Appeal of Florida | Filed: Jun 18, 1993 | Docket: 1381557

Cited 6 times | Published

all three doctors filed motions, pursuant to section 766.206(1), Florida Statutes (1989), requesting the

Williams v. Powers

619 So. 2d 980, 1993 WL 125164

District Court of Appeal of Florida | Filed: Apr 23, 1993 | Docket: 1721844

Cited 6 times | Published

their suit should be dismissed, pursuant to section 766.206(2). We disagree and reverse. The record in

Oken v. Williams

23 So. 3d 140, 2009 Fla. App. LEXIS 14590, 2009 WL 3103853

District Court of Appeal of Florida | Filed: Sep 30, 2009 | Docket: 1180414

Cited 5 times | Published

Motion of Defendants to Dismiss Pursuant to Section 766.206, Fla. Stat. The issue is whether the trial

University of Miami v. Echarte

585 So. 2d 293, 1991 WL 98016

District Court of Appeal of Florida | Filed: Jun 11, 1991 | Docket: 369293

Cited 4 times | Published

the claim does not rest on a reasonable basis. § 766.206, Fla. Stat. (Supp. 1988). [21] Indeed, "the Task

Bonati v. Allen

911 So. 2d 285, 2005 WL 2398530

District Court of Appeal of Florida | Filed: Sep 30, 2005 | Docket: 1751898

Cited 3 times | Published

complaint should be dismissed pursuant to section 766.206(2). The trial court denied the motion. In petitioning

Kurzweil v. Larkin Hosp. Operating Co.

684 So. 2d 901, 1996 WL 734495

District Court of Appeal of Florida | Filed: Dec 26, 1996 | Docket: 1740711

Cited 3 times | Published

malpractice allegations was made in bad faith.[2] Section 766.206(2) provides a further basis for attorney's

Kurzweil v. Larkin Hosp. Operating Co.

684 So. 2d 901, 1996 WL 734495

District Court of Appeal of Florida | Filed: Dec 26, 1996 | Docket: 1740711

Cited 3 times | Published

malpractice allegations was made in bad faith.[2] Section 766.206(2) provides a further basis for attorney's

Watkins v. Rosenthal

637 So. 2d 993, 1994 WL 243872

District Court of Appeal of Florida | Filed: Jun 7, 1994 | Docket: 1521582

Cited 3 times | Published

expert in preparation for their action under section 766.206(1), in which they seek a judicial determination

Whealton v. Marshall

631 So. 2d 323, 1994 WL 19083

District Court of Appeal of Florida | Filed: Jan 26, 1994 | Docket: 1464357

Cited 3 times | Published

them in camera in making its determination under § 766.206(2), as apparently was done in Williams v. Powers

Lorraine Campbell and Charles Lamm v. Wells Fargo Bank, N.A.

204 So. 3d 476, 2016 Fla. App. LEXIS 10377

District Court of Appeal of Florida | Filed: Jul 6, 2016 | Docket: 4108192

Cited 2 times | Published

and rule 1.115(c), with § 766.206, Fla. Stat. (2015) (incorporating mandatory language

Saunders v. Dickens

103 So. 3d 871, 2012 WL 4448820, 2012 Fla. App. LEXIS 16174, 37 Fla. L. Weekly Fed. D 2274

District Court of Appeal of Florida | Filed: Sep 27, 2012 | Docket: 60227241

Cited 2 times | Published

have struck Dr. Dickens’s pleadings under section 766.206, Florida Statutes, which governs presuit investigation

R. W. v. Armor Correctional Health Services, Inc.

830 F. Supp. 2d 1295, 2011 U.S. Dist. LEXIS 134117, 2011 WL 5834793

District Court, M.D. Florida | Filed: Nov 21, 2011 | Docket: 65977248

Cited 2 times | Published

before these prerequisites were met. Fla. Stat. § 766.206(2). Once the applicable statute of limitations

Bery v. Fahel

88 So. 3d 236, 2011 WL 4949904, 2011 Fla. App. LEXIS 16368

District Court of Appeal of Florida | Filed: Oct 19, 2011 | Docket: 60308204

Cited 2 times | Published

as an expert. In February 2010, pursuant to section 766.206, Dr. Fahel filed a motion to dismiss the complaint

Community Blood Centers v. Damiano

697 So. 2d 948, 1997 WL 430003

District Court of Appeal of Florida | Filed: Jul 30, 1997 | Docket: 1777526

Cited 2 times | Published

investigation requirements of ss. 766.201-766.212." § 766.206(2); see also § 766.106(2). Failure to comply with

Paulk v. National Medical Enterprises

679 So. 2d 1289, 1996 WL 539833

District Court of Appeal of Florida | Filed: Sep 25, 1996 | Docket: 1187865

Cited 2 times | Published

determine if a claim or denial is reasonable, § 766.206. Further, the standards of recovery are prescribed

TELLAM v. Mumford

69 So. 3d 1096, 2011 Fla. App. LEXIS 15240, 2011 WL 4445983

District Court of Appeal of Florida | Filed: Sep 27, 2011 | Docket: 2548625

Cited 1 times | Published

("`[w]hen one of the parties files a motion under section 766.206, the trial court must determine whether the

Preferred Medical Plan, Inc. v. Ramos

742 So. 2d 322, 1999 WL 454473

District Court of Appeal of Florida | Filed: Jul 7, 1999 | Docket: 1710262

Cited 1 times | Published

plaintiffs' presuit discovery requests pursuant to section 766.206, Florida Statutes (1997). We reverse. The "medical

Pagan v. Smith

705 So. 2d 1034, 1998 WL 51511

District Court of Appeal of Florida | Filed: Feb 11, 1998 | Docket: 1753791

Cited 1 times | Published

negligence resulted in injury to the claimant." Section 766.206(3), Florida Statutes provides for the striking

Kukral v. Mekras

647 So. 2d 849, 1994 WL 189644

District Court of Appeal of Florida | Filed: Jan 4, 1995 | Docket: 437234

Cited 1 times | Published

opinion before filing their notices. Under section 766.206, Florida Statutes (1991), since no reasonable

Arline Hermoso v. New Life Plastic Surgery Corp.

District Court of Appeal of Florida | Filed: Jul 16, 2025 | Docket: 70808222

Published

purpose of the Medical Malpractice Reform Act.”); § 766.206(2), Fla. Stat. (“If the court finds that the

Donald Noble v. Wexford Health Sources, Inc.

District Court of Appeal of Florida | Filed: Apr 16, 2025 | Docket: 69899477

Published

complaint was required to be dismissed under section 766.206(2). Section 776.206(2) provides that if a claimant

PHENGSANITH PRADAXAY v. JAMES ERASMUS KENDRICK, IV, M.D., FLORIDA HOSPITAL MEDICAL GROUP, INC. D/B/A ADVENTHEALTH

District Court of Appeal of Florida | Filed: May 17, 2024 | Docket: 68313507

Published

if she did not, it must dismiss her case. See § 766.206(2), Fla. Stat. (2021). Dr. Kendrick is

University of Miami, etc. v. Shanay Hall Jones, etc.

District Court of Appeal of Florida | Filed: May 15, 2024 | Docket: 68092091

Published

proposed order verbatim. “At a minimum, [section 766.206(1)] require[s that] the trial court make an

ADVENTIST HEALTH SYSTEM/SUNBELT, INC. D/B/A FLORIDA HOSPITAL ALTAMONTE AND WILLIAM HUETHER, III, M.D. vs SALLY MACHALEK AND MATTHEW APTER, M.D.

District Court of Appeal of Florida | Filed: Oct 6, 2023 | Docket: 68034155

Published

dismiss this case with prejudice pursuant to section 766.206, Florida Statutes. Specifically, Petitioners

University of Florida Board of Trustees v. Laurie Carmody

Supreme Court of Florida | Filed: Jul 6, 2023 | Docket: 67561782

Published

demands that “the court shall dismiss the claim.” § 766.206(2), Fla. Stat. (emphasis added). Subject to all

SRINIVAS RAO DONTINENI, M.D. vs PATRICIA SANDERSON, JOSEPH BOULAY, M.D., ALL STAR RECRUITING LOCUMS, LLC, ANGELO FERNANDES, M.D., ARVIND KUMAR, M.D., BREVARD INTERNAL MEDICINE & WALK IN CLINIC, PLLC, ET AL.

District Court of Appeal of Florida | Filed: Jul 1, 2022 | Docket: 68035384

Published

investigation requirements. See id. § 766.206(2). If the trial court finds that the prospective

UNIVERSITY OF MIAMI, etc. v. SHANAY HALL JONES, etc.

District Court of Appeal of Florida | Filed: Apr 20, 2022 | Docket: 63249353

Published

claim or denial rests on a reasonable basis.” § 766.206(1), Fla. Stat. (2017) (emphasis added). Thus,

MARTIN MEMORIAL HEALTH SYSTEMS, INC. d/b/a CLEVELAND CLINIC MARTIN HEALTH v. VINCENT GORHAM, III

District Court of Appeal of Florida | Filed: Apr 20, 2022 | Docket: 63249411

Published

requirements, “the court shall dismiss the claim.” § 766.206(2), Fla. Stat. (2019). ii. Is

JESSICA RAFFERTY a/n/g NOAH HENDERSHOT v. MARTIN MEMORIAL MEDICAL CENTER, INC.

District Court of Appeal of Florida | Filed: Mar 23, 2022 | Docket: 63180112

Published

is required pursuant to the plain text of section 766.206(2), Florida Statutes (2018). See Univ. of S

SHELIA T. POWELL v. JOHN ARGYLE GILMORE SAMPSON, M.D.

District Court of Appeal of Florida | Filed: Oct 20, 2021 | Docket: 60660108

Published

Bober, 39 So. 3d 396, 403 (Fla. 2d DCA 2010); § 766.206, Fla. Stat. (2019), we reverse the challenged

Shands Jacksonville Medical Center, Inc. v. Eartha Pusha, as Personal etc.

254 So. 3d 1076

District Court of Appeal of Florida | Filed: Aug 24, 2018 | Docket: 7741300

Published

determine whether they are a claimant under section 766.206, and also take those steps necessary to comply

Bery v. Fahel

194 So. 3d 1099, 2016 Fla. App. LEXIS 10359, 2016 WL 3611022

District Court of Appeal of Florida | Filed: Jul 6, 2016 | Docket: 4108188

Published

Florida’s presuit investigatory requirements under section 766.206, Florida Statute (2011), and obtained dismissal

Tuyuana L. Morris, as Personal etc. v. Orlando S. Muniz, M.D., Marianna etc.

189 So. 3d 348, 2016 WL 1660554, 2016 Fla. App. LEXIS 6298

District Court of Appeal of Florida | Filed: Apr 27, 2016 | Docket: 3058396

Published

§ 766.205(2),. Florida Statutes. Likewise, section 766.206(2) requires dismissal of the claim where the

Berry v. Padden

84 So. 3d 1145, 2012 WL 1020048

District Court of Appeal of Florida | Filed: Mar 28, 2012 | Docket: 60306606

Published

negligence. (Emphasis added). Additionally, section 766.206(2), Florida Statutes (2006), provides: If the

Staples v. Duerr

76 So. 3d 1114, 2011 Fla. App. LEXIS 20849, 2011 WL 6851181

District Court of Appeal of Florida | Filed: Dec 30, 2011 | Docket: 60304176

Published

Staples under section 766.206(2), Florida Statutes (2007). The trial court used section 766.206(2) to award

Herber v. Martin Memorial Medical Center, Inc.

76 So. 3d 1, 2011 Fla. App. LEXIS 12952, 2011 WL 3586182

District Court of Appeal of Florida | Filed: Aug 17, 2011 | Docket: 60304133

Published

dismissing this case for failure to comply with section 766.206, Florida Statutes (2009). In Martin Memorial

HOLMES REGIONAL MEDICAL CENTER, INC. v. Wirth

49 So. 3d 802, 2010 Fla. App. LEXIS 17190, 35 Fla. L. Weekly Fed. D 2505

District Court of Appeal of Florida | Filed: Nov 12, 2010 | Docket: 2401005

Published

determine pre-suit compliance, provided for in section 766.206, Florida Statutes, may necessarily need to

Derespina v. North Broward Hospital District

19 So. 3d 1128, 2009 Fla. App. LEXIS 15541, 2009 WL 3271360

District Court of Appeal of Florida | Filed: Oct 14, 2009 | Docket: 1651075

Published

the statute, a court shall dismiss the claim. § 766.206(2). NBHD relies on the case of Grau v. Wells,

Wood v. Virgo

3 So. 3d 430, 2009 Fla. App. LEXIS 1441, 2009 WL 416524

District Court of Appeal of Florida | Filed: Feb 20, 2009 | Docket: 60289177

Published

the circuit court upon appropriate motion. See § 766.206(1); Martin Mem’l Med. Ctr., Inc. v. Berber, 984

Hoeltzell v. Erenstoft

985 So. 2d 636, 2008 Fla. App. LEXIS 9094, 2008 WL 2436178

District Court of Appeal of Florida | Filed: Jun 18, 2008 | Docket: 64855162

Published

failing to comply with the presuit provisions of section 766.206, Florida Statutes (2007). It is undisputed

Snell v. Franz

887 So. 2d 409, 2004 Fla. App. LEXIS 15179, 2004 WL 2309891

District Court of Appeal of Florida | Filed: Oct 15, 2004 | Docket: 64834268

Published

of the complaint were dismissed pursuant to section 766.206, Florida Statutes. Because the appellant failed

Wolford v. Boone

874 So. 2d 1207, 2004 Fla. App. LEXIS 6703, 2004 WL 1074113

District Court of Appeal of Florida | Filed: May 14, 2004 | Docket: 64831003

Published

law. Accordingly, the Wolfords argued that section 766.206(8), Florida Statutes (1999), required the court

Grau v. Wells

795 So. 2d 988, 2001 Fla. App. LEXIS 10354, 2001 WL 830585

District Court of Appeal of Florida | Filed: Jul 25, 2001 | Docket: 64809001

Published

not authorized under section 766.206(3), Florida Statutes (1999). Section 766.206(3) provides, If the

Torrey v. Leesburg Regional Medical Center

796 So. 2d 544, 2001 WL 201965

District Court of Appeal of Florida | Filed: Mar 2, 2001 | Docket: 1672399

Published

their complaint must be dismissed pursuant to § 766.206(2). Thus, the failure to comply with discovery

Rodriguez v. Campbell

778 So. 2d 511, 2001 Fla. App. LEXIS 2156, 2001 WL 195073

District Court of Appeal of Florida | Filed: Feb 28, 2001 | Docket: 64803806

Published

Upon dismissal defendant sought fees under section 766.206(2), and the trial court awarded $40,000. On

Barclay v. Susac

780 So. 2d 152, 2000 Fla. App. LEXIS 16925, 2000 WL 1879102

District Court of Appeal of Florida | Filed: Dec 29, 2000 | Docket: 64804315

Published

Ctr., Inc., 659 So.2d 249 (Fla.1995). . Section 766.206(5)(a), Florida Statutes (1995), provides in

Nolan v. Turner

737 So. 2d 579, 1999 Fla. App. LEXIS 8354, 1999 WL 415293

District Court of Appeal of Florida | Filed: Jun 23, 1999 | Docket: 64789443

Published

Plaintiffs’ motion for attorneys fees rested on section 766.206(3), which says: “If the court finds that the

Cascio v. St. Joseph Hospital of Port Charlotte, Inc.

734 So. 2d 1099, 1999 Fla. App. LEXIS 5647, 1999 WL 270021

District Court of Appeal of Florida | Filed: May 5, 1999 | Docket: 64788729

Published

the defendant’s attorney fees and costs. See § 766.206, Fla. Stat. (1997). As Judge Parker pointed out

Paranzino v. Berger

755 So. 2d 655, 1998 Fla. App. LEXIS 15531, 1998 WL 879011

District Court of Appeal of Florida | Filed: Dec 9, 1998 | Docket: 64796719

Published

the form of attorney’s fees and costs under section 766.206(2), Florida Statutes (1997), without first

Goradesky v. Hickox

721 So. 2d 419, 1998 Fla. App. LEXIS 14987, 1998 WL 821791

District Court of Appeal of Florida | Filed: Nov 25, 1998 | Docket: 64784540

Published

complaint with prejudice as sanctioned under section 766.206(2) and (3), Florida Statutes (1993). AFFIRMED

Hebebrand v. Arrien

673 So. 2d 545, 1996 Fla. App. LEXIS 4784, 1996 WL 252853

District Court of Appeal of Florida | Filed: May 15, 1996 | Docket: 64764591

Published

so, and plaintiffs seek certiorari review. Section 766.206(3), under which plaintiffs were seeking sanctions

Turner v. Bolt

671 So. 2d 803, 1996 Fla. App. LEXIS 301, 1996 WL 15482

District Court of Appeal of Florida | Filed: Jan 17, 1996 | Docket: 64763860

Published

investigation was by the motion provided for in section 766.206, Florida Statutes (1989). Deciding this issue

Karr v. Sellers

668 So. 2d 629, 1996 Fla. App. LEXIS 240, 1996 WL 14053

District Court of Appeal of Florida | Filed: Jan 17, 1996 | Docket: 64762620

Published

agreed at oral argument that it was under section 766.206(3), Florida Statutes (1991), which provides:

Duffy v. Brooker

614 So. 2d 546, 1993 Fla. App. LEXIS 4757, 1993 WL 64489

District Court of Appeal of Florida | Filed: Mar 10, 1993 | Docket: 64694588

Published

that the award of attorney fees pursuant to section 766.206(3) is mandatory, asserting that it is “non-disere-tionary

Damus v. Parvez

556 So. 2d 1136, 14 Fla. L. Weekly 2873, 1989 Fla. App. LEXIS 6982, 1989 WL 149594

District Court of Appeal of Florida | Filed: Dec 12, 1989 | Docket: 64648126

Published

claimants. Specifically, respondents point to section 766.206(3), Florida Statutes (Supp.1988), which provides:

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 766 in the context of medical malpractice litigation and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.