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BARBER v. NORTH SHORE HOSPITAL, INC.

No. 60-585.

133 So.2d 339 (1961)

Carol Ann BARBER, by and through her father and next friend, Franklin Barber, and Franklin Barber, Appellants, v. NORTH SHORE HOSPITAL, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied October 20, 1961.

Attorney(s) appearing for the Case

Dermer & Rosen and Alan H. Rothstein, Miami Beach, for appellants.

Carey, Goodman, Terry, Dwyer & Austin, Miami, for appellee.

Before CARROLL, BARKDULL and HENDRY, JJ.

BARKDULL, Judge.

Appellants, plaintiffs below, appeal from a summary judgment dismissing a complaint against the appellee hospital, defendant below, which alleged certain acts of negligence in and about the conduct of the nursery operated by the hospital. Appellants, in addition to urging reversal of the summary judgment on the ground of a dispute in material facts, urge that the trial court erred in vacating a default properly entered in that: (1) the trial court...

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