University of Florida Board of Trustees v. Laurie Carmody

Summary

The court approved the First District’s conclusion that certiorari relief was unavailable from an order denying dismissal of a medical malpractice action based on the alleged inadequacy of the plaintiff’s corroborating expert. It held that determining whether the expert satisfied statutory qualification requirements involved an evidentiary and discretionary assessment, not a procedural defect constituting an essential departure from the law. The court also recognized that the appellate rules were being amended to permit future interlocutory review of such dismissal orders.