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FITCHNER v. LIFESOUTH

No. 1D10-2019.

88 So.3d 269 (2012)

Kaynan FITCHNER, as Personal Representative of the Estate of Chase Fitchner, Deceased, Appellant, v. LIFESOUTH COMMUNITY BLOOD CENTERS, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 30, 2012.

Attorney(s) appearing for the Case

M. Stephen Turner , David K. Miller , and Ramona H. Thomas of Broad and Cassel, Tallahassee; Dean R. LeBoeuf and Rhonda S. Bennett of Brooks, LeBoeuf, Bennett, Foster & Gwartney, P.A., Tallahassee, for Appellant.

Robert E. Biasotti of Carlton Fields, P.A., St. Petersburg, and Christine Davis Graves of Carlton Fields, P.A., Tallahassee, for Appellee.

PADOVANO, J.

This is a wrongful death case. The jury returned a verdict in favor of the plaintiff, but this court reversed the judgment entered on the verdict in a previous appeal by the defendant. The proceeding on remand was concluded in the trial court by an order dismissing the plaintiff's complaint. The basis for the dismissal was that the plaintiff had failed to serve notice of the suit under the medical malpractice statute. The case is now back before the court...

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