Florida Nursing Home Negligence Update: Florida’s Fourth District Court of Appeal quashes denial of motion to dismiss nursing home negligence complaint that did not comply with section 400.023, Florida Statutes.

On August 9, 2023, in Preston v. The Estate of Romanoff, No. 4D23-282 (Fla. 4th DCA August 9, 2023), Florida’s Fourth District Court of Appeal granted a petition for writ of certiorari and quashed the trial court’s order denying dismissal of plaintiff’s claims of negligence and wrongful death for plaintiff’s failure to comply with the mandatory requirements of section 400.023, Florida Statutes, i.e. the statute governs nursing home negligence actions in Florida….
By: Fuerst Ittleman David & Joseph