BIR v. FOSTER

No. 1818.

123 So.2d 279 (1960)

Edith BIR and Bernard Bir, her husband, in his own right, Appellants, v. Richard L. FOSTER, M.D., and Marshall C. Sanford, M.D., Appellees.

District Court of Appeal of Florida. Second District.

Rehearing Denied October 3, 1960.


Attorney(s) appearing for the Case

Arthur J.J. Bohn, Fort Lauderdale, for appellants.

Edward L. Magill (of Blackwell, Walker & Gray), Miami, for appellee, Marshall C. Sanford, M.D.

Norman C. Roettger, Jr., (of Fleming, O'Bryan & Fleming), Fort Lauderdale, for appellee, Richard L. Foster, M.D.


ALLEN, Chief Judge.

The appellants filed their amended complaint in the lower court alleging medical malpractice against the appellees. The appellee, Sanford, filed a motion to strike and both appellees filed motions to dismiss on the ground that the complaint failed to state a cause of action upon which relief could be granted. The lower court entered an order granting the motions to dismiss in which the court stated "* * * that to permit the plaintiffs to further...

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