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Arch Plaza, Inc. v. Perpall, 2006 Fla. App. LEXIS 18693 (Fla. 3rd DCA 2006)

Defendants petitioned for a writ of certiorari seeking to quash denial of their motion to dismiss a wrongful death action. Prior to suit, Plaintiff gave pre-suit notice to Arch Creek Nursing Home, but not to other defendants that were sued. See Fla. Stat. ยง 400.0233. In their motion to dismiss, Defendants argued that each defendant must be served with pre-suit notice. Plaintiff responded arguing “that by sending the pre-suit notice to Arch Creek Nursing Home, he had complied with the pre-suit notice requirements as to all five-named defendants since (1) Arch Creek Nursing Home was sold to Arch Plaza, Inc. prior to Mrs. Perpall’s admission to the nursing home and are thus, the same entity; and (2) Arch Creek Nursing Home, Arch Plaza, Inc., and the other three-named defendants are all owned by the same person, Russell Galbut, have the same registered agent, and have the same registered principal place of business.” The purpose of the pre-suit notice statute is to encourage pre-suit investigation, discussions, settlement and screening to avoid frivolous lawsuits. So long as these functions are served, it should be construed in a manner that does not unduly restrict a citizen’s access to court. The Court denied the petition finding that pre-suit notice to any prospective defendant operates as notice to any other prospective defendant who bears a legal relationship to the prospective defendant receiving notice.

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