Ana Diaz v. Dr. Jhonny Salomon M.D. & Med Spa
CourtDistrict Court of Appeal of Florida
Date FiledApril 22, 2020
Docket3D19-1471
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed April 22, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-1471
Lower Tribunal No. 17-27045
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Ana Diaz,
Appellant,
vs.
Dr. Jhonny Salomon M.D. & Med Spa,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Abby Cynamon,
Judge.
Emelike Nwosuocha, P.A., and Emelike Nwosuocha, for appellant.
Law Offices of Burt E. Redlus, P.A., and Burt E. Redlus, for appellees.
Before FERNANDEZ, LINDSEY, and MILLER, JJ.
PER CURIAM.
We affirm the trial court’s dismissal of the complaint because Ana Diaz,
plaintiff below, failed to comply with section 766.104(1), Florida Statutes (2019)
(“No action shall be filed for personal injury or wrongful death arising out of medical
negligence, whether in tort or in contract, unless the attorney filing the action has
made a reasonable investigation as permitted by the circumstances to determine that
there are grounds for a good faith belief that there has been negligence in the care or
treatment of the claimant. The complaint or initial pleading shall contain a
certificate of counsel that such reasonable investigation gave rise to a good faith
belief that grounds exist for an action against each named defendant.” (emphasis
added)).
Affirmed.
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