TELLAM v. Mumford

District Court of Appeal of Florida

TELLAM v. Mumford

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

CourtDistrict Court of Appeal of Florida

DecidedSeptember 27, 2011

Docket1D11-1343

StatusPublished

This text of 69 So. 3d 1096 (TELLAM v. Mumford) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

TELLAM v. Mumford, 69 So. 3d 1096, 2011 Fla. App. LEXIS 15240, 2011 WL 4445983 (Fla. Ct. App. 2011).

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Opinion

PER CURIAM.

We quash the trial court’s order and remand for a hearing to determine whether respondents’ claim rests on a reasonable basis and whether the notice of intent to initiate litigation was in compliance with the reasonable investigation requirement of sections 766.201-766.212, Florida Statutes (2009). See Martin Mem’l Med. Ctr., Inc. v. Herber, 984 So.2d 661, 663-64 (Fla. 4th DCA 2008) (“ ‘[w]hen one of the parties files a motion under section 766.206, the trial court must determine whether the opposing party’s claim ... “rests on a reasonable basis” and whether the notice of intent to sue ... is “in compliance with the reasonable investigation requirements of ss 766.201-766.212.” ’ ” (quoting Duffy v. Brooker, 614 So.2d 539, 544-45 (Fla. 1st DCA 1993))).

Petition granted.

BENTON, C.J., HAWKES, and ROWE, JJ., concur.

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PER CURIAM.

We quash the trial court’s order and remand for a hearing to determine whether respondents’ claim rests on a reasonable basis and whether the notice of intent to initiate litigation was in compliance with the reasonable investigation requirement of sections 766.201-766.212, Florida Statutes (2009). See Martin Mem’l Med. Ctr., Inc. v. Herber, 984 So.2d 661, 663-64 (Fla. 4th DCA 2008) (“ ‘[w]hen one of the parties files a motion under section 766.206, the trial court must determine whether the opposing party’s claim ... “rests on a reasonable basis” and whether the notice of intent to sue ... is “in compliance with the reasonable investigation requirements of ss 766.201-766.212.” ’ ” (quoting Duffy v. Brooker, 614 So.2d 539, 544-45 (Fla. 1st DCA 1993))).

Petition granted.

BENTON, C.J., HAWKES, and ROWE, JJ., concur.

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Bluebook (online)

69 So. 3d 1096, 2011 Fla. App. LEXIS 15240, 2011 WL 4445983, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tellam-v-mumford-fladistctapp-2011.

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