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ENFIELD v. HELD

No. 77-1812.

357 So.2d 772 (1978)

Virginia ENFIELD and Kenneth Enfield, Her Husband, Appellants, v. John HELD, Lykes Memorial Hospital and Argonaut Insurance Company, a Foreign Corporation, Appellees.

District Court of Appeal of Florida, Second District.

April 21, 1978.

Attorney(s) appearing for the Case

Kenneth R. Cate of Maher & Overchuck, P.A., Orlando, for appellants.

John D. Shofi of Marlow, Shofi, Ortmayer, Smith & Spangler, Tampa, for appellees/Lykes Memorial Hospital and Argonaut Ins. Co.

OTT, Judge.

The trial judge dismissed a medical malpractice complaint with prejudice. We affirm the dismissal of the complaint but hold that the dismissal should not have been with prejudice.

Plaintiffs Virginia and Kenneth Enfield, appellants herein, filed a complaint on May 18, 1977 alleging that Mrs. Enfield sustained injuries as a result of malpractice occurring on or about January 2, 1975 while she was a patient at defendant Lykes Memorial Hospital, appellee...

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