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MERCY HOSPITAL, INC. v. BADIA

No. 76-1627.

348 So.2d 631 (1977)

MERCY HOSPITAL, INC., Petitioner, v. Gerald BADIA, As Father and Next Friend, and Personal Representative of Jason Badia, Deceased, and Gerald Badia and Judy Badia, As Husband and Wife, Respondents.

District Court of Appeal of Florida, Third District.

July 19, 1977.

Attorney(s) appearing for the Case

Bradford, Williams, McKay, Kimbrell, Hamann & Jennings and A.H. Toothman, Miami, for petitioner.

Highsmith, Strauss & Varner and Leonard L. Elias, Miami, for respondents.

Before HENDRY, C.J., and BARKDULL and HAVERFIELD, JJ.

BARKDULL, Judge.

The respondents, as plaintiffs, filed a complaint sounding in medical malpractice against the petitioner,1 as defendant, and a request for a medical mediation panel pursuant to the provisions of Section 768.44(1)(a & b), Florida Statutes (1975). Prompt service of process was obtained upon the defendant and it filed an answer. Nothing further transpired for 120 days from the filing of the claim for medical mediation...

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