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HOWELL v. ALLEN

No. II-378.

361 So.2d 791 (1978)

Melody Rogers HOWELL and Terrell W. Howell, Appellant, v. Robert H. ALLEN, M.D., Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied September 8, 1978.

Attorney(s) appearing for the Case

Roderic G. Magie and Louis K. Rosenbloum of Levin, Warfield, Middlebrooks, Mabie, Rosenbloum & Magie, Pensacola, for appellant.

A.G. Condon, Jr., of Holsberry, Emmanuel, Sheppard & Condon, Pensacola, for appellee.

CAWTHON, VICTOR M., Associate Judge.

The petitioners herein filed a medical malpractice claim against the respondent on June 3, 1977, and the respondent's counsel accepted service of process. An answer was not filed until August 10, 1977.

Both counsel state that counsel for the petitioners agreed that the respondent should have additional time in which to file his answer, but the petitioners contend and this court agrees that the statutory requirement

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