Lapatra Fisher v. Bridge WF FL Westland Park, LLC - Appeal Opinion
Summary
The Florida Fifth District Court of Appeal issued an opinion affirming a lower court's decision in the case of Lapatra Fisher, as Personal Representative of the Estate of Anton Douglas v. Bridge WF FL Westland Park, LLC. The appeal concerned a pre-suit notice and its statutory requirements.
What changed
The Florida Fifth District Court of Appeal has issued a per curiam opinion affirming the lower court's decision in the case of Lapatra Fisher, as Personal Representative of the Estate of Anton Douglas, v. Bridge WF FL Westland Park, LLC, et al. The appellate court referenced Roberts v. Florida Ins. Guaranty Ass’n, finding that the appellant invited error by referencing a pre-suit notice in their response to a motion to dismiss, thereby arguing the notice met statutory requirements and asking the trial court to approve it. Consequently, the trial court did not err in reviewing the notice and dismissing the case.
This ruling affirms the trial court's dismissal. For legal professionals involved in similar cases, this opinion reinforces the importance of how pre-suit notices are presented and argued in response to motions to dismiss. It highlights that inviting the trial court to rule on the sufficiency of such notices can lead to the court reviewing them beyond the four corners of the complaint, potentially resulting in dismissal if the notice is found inadequate or improperly presented.
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March 12, 2026 Get Citation Alerts Download PDF Add Note
Lapatra Fisher, as Personal Representative of the Estate of Anton Douglas v. Bridge WF FL Westland Park, LLC D/B/A Westland Park, Bridge Property Management, L.C., and John Doe
District Court of Appeal of Florida
- Citations: None known
Docket Number: 5D2024-3212
Combined Opinion
FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 5D2024-3212
LT Case No. 2024-CA-002916-A
LAPATRA FISHER, as Personal
Representative of the Estate of
Anton Douglas,
Appellant,
v.
BRIDGE WF FL WESTLAND PARK,
LLC, D/B/A/ WESTLAND PARK,
BRIDGE PROPERTY
MANAGEMENT, L.C., and JOHN
DOE,
Appellees.
On appeal from the Circuit Court for Duval County.
Gilbert Lee Feltel, Jr., Judge.
Xanquila L. McKinnon and Ortavia D. Simon, of Simon Law
Group, P.A., Orlando, for Appellant.
Jessica Pinon and Jeffrey R. Geldens, of Lewis Brisbois Bisgaard
& Smith LLP, Coral Gables. for Appellees.
March 12, 2026
PER CURIAM.
AFFIRMED. See Roberts v. Florida Ins. Guaranty Ass’n, 415 So.
3d 1181, 1182-83 (Fla. 5th DCA 2025) (Plaintiff invited error by
referencing a pre-suit notice in her response to a motion to dismiss,
arguing the notice met all statutory requirements of section
627.70152(3), Florida Statute, and asking the trial court to
approve the notice. Thus, trial court did not err when it strayed
beyond four corners of complaint in reviewing the notice and
dismissing case).
EISNAUGLE, SOUD, and BOATWRIGHT, JJ., concur.
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
2
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