Jason Azzarone was successful in arguing to the Fifth District Court of Appeal
Jason Azzarone was successful in arguing to the Fifth District Court of Appeal that the Trial Court did not err in dismissing a medical malpractice action in Shultz v. Citrus Memorial Hospital, Inc., based upon the Plaintiff’s failure to comply with Florida’s medical malpractice pre-suit requirements. The Trial Court granted a motion to dismiss with prejudice based on the failure to provide any responses to pre-suit discovery. On appeal, the Appellant argued that the dismissal was erroneously entered because the defendants failed to demonstrate that they were prejudiced by the failure. Mr. Azzarone argued that the Trial Court’s decision was proper based upon the express finding that the Defendant was prejudiced. Additionally, Mr. Azzarone argued that the Appellant gave no reasonable explanation for the failure to respond to the discovery requests. The Fifth District Court of Appeal entered a Per Curium Affirmance.