Garcia v. Psychiatric Institutes of America, Inc. (693 So. 2d 66, 1997)

PER CURIAM.

Garcia appeals summary judgments entered against her based upon her failure to comply with the presuit notice requirements contained in chapter 766 of the Florida Medical Malpractice Act. We reverse.

In Garcia I, we held that the allegations of Garcia’s complaint were sufficient to constitute the torts of false imprisonment and battery, if proven at trial. The requirement of presuit notice is fact dependent, and must be premised upon the allegations of the complaint. Robbins v. Orlando H.M.A., Inc., 683 So.2d 664 (Fla. 5th DCA 1996). Pursuant to the allegations of this complaint, the cause of action of false imprisonment did not arise out of the rendering, or failure to render, medical care services, and thus it does not fall under the presuit notice requirements of the medical malpractice act. Robbins.

REVERSED and REMANDED.

W. SHARP, GRIFFIN and THOMPSON, JJ., concur.

. Garcia v. Psychiatric Institutes of America, 638 So.2d 567 (Fla. 5th DCA 1994).