DEPT. OF HEALTH v. ALLAN J. DINNERSTEIN

No. 4D10-2600.

78 So.3d 26 (2011)

FLORIDA DEPARTMENT OF HEALTH, an Agency of the State of Florida, Appellant, v. ALLAN J. DINNERSTEIN, M.D., P.A., a Florida Professional Association, and Allan J. Dinnerstein, M.D., individually, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 19, 2012.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Scott D. Makar , Solicitor General, and Louis F. Hebener , Chief Deputy Solicitor General, Tallahassee, for appellant.

Robert M. Presley and Michael R. Presley of Presley Law and Associates, P.A., Wellington, for appellees.


WARNER, J.

Appellant, the Florida Department of Health, timely appeals a final summary judgment declaring that the appellees, Dr. Allan Dinnerstein and his professional association, were entitled to sovereign immunity—under a volunteer health care contract and in accordance with the Access to Health Care Act—for causes of action alleged in a related medical malpractice case. The Department claims that the court erred in granting summary judgment because...

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