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PAYNE v. HUMANA HOSP. ORANGE PARK

No. 93-4059.

661 So.2d 1239 (1995)

Timothy E. PAYNE, for himself and all others similarly situated, Appellant, v. HUMANA HOSPITAL ORANGE PARK, a Florida corporation, Appellee.

District Court of Appeal of Florida, First District.

October 12, 1995.

Attorney(s) appearing for the Case

Stephen A. Scott of Law Offices of Stephen A. Scott, Gainesville and Herbert T. Schwartz of Sullins, Johnston, Rohrbach & Magers, Houston, TX, for Appellant.

Edward M. Waller, Jr. of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, for Appellee.

ON MOTION FOR REHEARING

PER CURIAM.

We grant appellee's motion for rehearing, withdraw our opinion of July 3, 1995, and substitute the following opinion in its place. We however reach the same result as that previously reached.

The trial court dismissed two counts of the class-action1 complaint of Timothy E. Payne (Payne) against Humana Hospital of Orange Park (Humana). The court determined that the counts failed...

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