Elbert L. FISHER, M.D., Petitioner,
v.
Oswaldo HERRERA et al., Respondents.
DOCTOR'S HOSPITAL, Petitioner,
v.
Oswaldo HERRERA et al., Respondents.
Supreme Court of Florida.https://leagle.com/images/logo.png
December 21, 1978.
Rehearing Denied February 28, 1979.
Attorney(s) appearing for the Case
Steven R. Berger of Carey, Dwyer, Cole, Selwood & Bernard, Miami, for Fisher.
John W. Thornton and Edward N. Winitz of Thornton, Conroy & Herndon, Miami, for Doctor's Hospital.
Edward A. Perse of Horton, Perse & Ginsberg, and Stanley M. Rosenblatt, Miami, for respondents.
John E. Mathews, Jr., Marion R. Shepard and Jack W. Shaw, Jr. of Mathews, Osborne, Ehrlich, McNatt, Gobelman & Cobb, Jacksonville, for Florida Medical Association, Inc.; David A. Barrett and Armando Garcia of Barrett, Boyd & Bajoczky, Tallahassee, for Florida Medical Malpractice Joint Underwriting Association and The Florida Patient's Compensation Fund; Francis W. Sams, Miami, for Dade County Bar Association; Sheldon J. Schlesinger and Jack H. Vital, III, of Simons & Schlesinger; and Frank C. Walker of Stuart, Walker & Jenne, Fort Lauderdale, for Broward County Trial Lawyers Association; J.B. Spence of Spence, Payne & Masington; and Walter H. Beckham, Jr. and Joel D. Eaton of Podhurst, Orseck & Parks, Miami, for The Academy of Florida Trial Lawyers, amici curiae.
Supreme Court of Florida.
ALDERMAN, Justice.
We have accepted jurisdiction to review the decision of the District Court of Appeal, Third District, in Herrera et al. v. Doctor's Hospital et al.,360 So.2d 1092 (Fla. 3d DCA 1978). The District Court has certified for our consideration the question of whether a medical malpractice complaint may be dismissed, with prejudice, by a trial judge when the plaintiff has filed a claim pursuant to Section 768...
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