District Court of Appeal of Florida July 1, 2009, 4D08-2484 (Scherer v. Rigsby)

GERBER, J.

Defendants below appeal the trial court’s order declining to hear their third motion for summary judgment. Each of the motions alleged, among other things, that the plaintiff in this medical malpractice action did not comply with the presuit notice requirements of section 766.106(2), Florida Statutes, and Florida Rule of Civil Procedure 1.650.