Opinion
No. 1D11–1343.
2011-09-27
George Sawday TELLAM, D.P.M. and Ankle & Foot Associates, Petitioners,v.Paul S. MUMFORD and Susan Mumford, his wife, Respondents.
Petition for Writ of Certiorari—Original Jurisdiction.Stephen M. Masterson of Smith, Brooks, Masterson, Tallahassee, for Petitioners.Richard C. Watson of Rahaim, Watson, Dearing & Moore, P.A., Jacksonville, for Respondents.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.