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O'GRADY v. WHITE

Nos. 76-460, 76-970.

345 So.2d 358 (1977)

Dennis L. O'GRADY et al., Appellants, v. Shirley WHITE et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 18, 1977.

Attorney(s) appearing for the Case

Wicker, Smith, Blomqvist, Davant, McMath, Tutan & O'Hara and Richard A. Sherman and Louis Weinstein, Miami, for appellants.

George P. Telepas, Fowler, White, Burnett, Hurley, Banick & Knight and Thomas F. Martin, Miami, for appellees.

Before HENDRY, C.J., and PEARSON and HUBBART, JJ.

PER CURIAM.

Appellants, defendants below, appeal an order of the lower court which dismissed their third party complaint against appellee, Metropolitan Dade County, doing business as Jackson Memorial Hospital, for failure to state a cause of action, i.e., failure to comply with the mediation prerequisite of the Medical Malpractice Reform Act, Section 768.133, Florida Statutes (1975), now renumbered Section 768.44, Florida Statutes (1976 Supp.).

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