GEORGE SAWDAY TELLAM, D.P.M. and ANKLE & FOOT ASSOCIATES, v. PAUL S. MUMFORD and SUSAN MUMFORD, his wife
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA GEORGE SAWDAY TELLAM, D.P.M. and ANKLE & FOOT ASSOCIATES, Petitioners, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D11-1343 v. PAUL S. MUMFORD and SUSAN MUMFORD, his wife, Respondents. _____________________________/ Opinion filed September 27, 2011. 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. 2
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