Nature of the Case
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Facts
Nellie Woods (P) filed an action in federal district court in which she claimed damages pursuant to Florida's Wrongful Death Act for the death of her husband. She alleged medical malpractice. Jurisdiction was based upon diversity of citizenship, and Ds moved to dismiss P’s complaint, alleging that she failed to abide by the mediation panel requirement of Florida Statutes section 768.44. The motions to dismiss were granted as P had failed to perform a condition precedent to her suit by not proceeding before a Florida malpractice mediation panel.
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