final until disposition of timely filed motion for rehearing.
Appeals from the Circuit Court for Miami-Dade County, John
Schlesinger, Judge. Lower Tribunal No. 15-16760
Guillermo J. Farinas (Palm Beach), for appellant.
Brisbois Bisgaard & Smith and Jerome R. Silverberg and
Jeffrey L. Kominsky (Fort Lauderdale); Foley & Mansfield
and Kevin P. O'Connor and Mary Street; Wicker Smith
O'Hara McCoy & Ford and Jessica L. Gross, for
SALTER, EMAS and LOGUE, JJ.
Manzaro ("Mr. Manzaro"), as personal representative
of the estate of Harmony Nicole Thornton ("Ms.
Thornton"), appeals three orders dismissing with
prejudice an amended medical malpractice and wrongful death
complaint with prejudice for failure to comply with statutory
pre-suit requirements. We affirm.
Facts; Proceedings in the Circuit Court
three consolidated appeals arise from the same circuit court
lawsuit and a single "Amended Complaint for Wrongful
Death & Demand for Jury Trial" (the
"Complaint") filed on behalf of Mr. Manzaro in May
2016. The Complaint identified 22 defendants in the caption
and introduction, although specific acts and omissions were
not alleged as to several of them. Ms. Thornton died at Mercy
Hospital on April 23, 2013; the death certificate listed the
manner of death as natural, and the causes of death as three
preexisting medical conditions arising three months, six
months, and six years before her death. An autopsy performed
three weeks after Ms. Thornton's death listed the cause
of death as "undetermined."
consolidated cases here are: Case No. 3D17-1461, involving
claims against appellees/defendants HCA, Inc., Plantation
General Hospital, L.P., Mercy Hospital, HCA Long Term Health
Services of Miami, Inc., Northwest Medical Center, Inc., and
University Hospital, Ltd. (collectively, the "HCA
Defendants"); Case No. 3D17-1462, involving claims
against Alberto Manzor, M.D. ("Dr. Manzor"); and
Case No. 3D17-2267, involving claims against Steven Cohn,
M.D. ("Dr. Cohn"). The cases were separately
the death certificate and autopsy did not suggest medical
malpractice or violent crime, the Complaint alleged that Ms.
Thornton "mysteriously and suspiciously died" and
that her death "was a result of her murder or
manslaughter," "hospital homicide," and
"attempted involuntary euthanasia."
Drs. Cohn and Manzor
Cohn and Dr. Manzor filed motions to dismiss the Complaint
based on Mr. Manzaro's failure to comply with
Florida's statutory requirements applicable to claims of
medical malpractice (sections 766.201 - .212, Florida
Statutes (2015)), and the expiration of the applicable
statute of limitation. Dr. Cohn and Dr. Manzor were not
identified individually in any count within the Complaint,
nor were there any allegations identifying any individual
acts or omissions by those defendants.
Manzaro mailed Dr. Cohn a notice of intent to initiate
litigation on April 13, 2015, but it contained no allegations
as to any wrongful acts or omissions by Dr. ...