Navigation Medical malpractice appellate procedure amended by Florida Supreme Court
Although the Florida Rule of Appellate Procedure 9.130 outlines a list of nonfinal orders which are subject to appeal, the Florida Supreme Court has decided the rule does not identify all nonfinal orders that are appropriate for interlocutory review.
On its own motion, the Court amended Florida Rule of Appellate Procedure 9.130(a)(3) to include denying a motion to dismiss based on the qualifications of a corroborating witness under Section 766.102(5)-(9) of the Florida Statutes.
“The Medical Malpractice Act has changed the law such that an interlocutory remedy for parties facing claims that fail to satisfy its pre-suit requirements is warranted,” said William W. Large, president of the Florida Justice Reform Institute (FJRI), a lobbying organization in Tallahassee.
