Cases

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. § 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.

Published by
David McGuffey

Recent Posts

Another Scam, and this one makes my blood boil

Recently, my dad died. While I was driving back from being sworn in as his…

3 weeks ago

Review of Georgia Cases on Testamentary Capacity

In Georgia, an individual has legal capacity to make a Will "when the testator has…

1 month ago

Georgia Power of Attorney Act

Last updated 2/28/2025 The Georgia Power of Attorney Act was enacted in 2017 (HB 221)…

1 month ago

Due Process Limits State’s Power to Tax Out of State Trust

In North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust, the…

2 months ago

The ARC Fights to Protect Medicaid

Medicaid is critical for individuals with special needs. It pays for things no one else…

2 months ago

Medicare Secondary Payer law

Since 1980, Medicare pays after another responsible entity pays certain health care claims for Medicare…

2 months ago