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GOOD SAMARITAN HOSP. ASS'N, INC. v. SIMON

Nos. 78-1449, 78-1770 to 78-1774.

370 So.2d 1174 (1979)

GOOD SAMARITAN HOSPITAL ASSOCIATION, INC., Petitioner, v. Joseph Harris SIMON, M.D., Respondent. ST. MARY'S HOSPITAL, INC., Petitioner, v. Joseph Harris SIMON, M.D., Respondent. A. A. MIRANDA, M.D., Petitioner, v. Joseph Harris SIMON, M.D., Respondent. Thomas F. HENNESSEY, Petitioner, v. Joseph Harris SIMON, M.D., Respondent. Elwood D. BRACEY, M.D., Petitioner, v. Joseph Harris SIMON, M.D., Respondent. John F. PAULY, M.D., Petitioner, v. Joseph Harris SIMON, M.D., Respondent.

District Court of Appeal of Florida, Fourth District.

February 14, 1979.

Attorney(s) appearing for the Case

Roy R. Watson of Adams, Coogler, Watson & Smith, West Palm Beach, for petitioner Good Samaritan Hospital, Inc.

J. Timothy Sheehan of Gibson, Gibson & Sheehan, P.A., West Palm Beach, for petitioner St. Mary's Hospital.

L. Martin Flanigan of Jones, Paine & Foster, P.A., West Palm Beach, for petitioner A.A. Miranda, M.D.

Basil E. Dalack and Michael B. Davis of Walton, Lantaff, Schroeder & Carson, West Palm Beach, for petitioner Thomas F. Hennessey.

Ralph B. Paxton of Paxton, Stiles, Crow, Taplin & Bragg, West Palm Beach, for petitioners John F. Pauly, M.D. and Elwood D. Bracey, M.D.

Richard A. Sprague of Lewis & Kramer, Philadelphia, Pa., Stephen Cahen, Miami, and Henry Tasker, Palm Beach, for respondent.

ANSTEAD, Judge.

In these consolidated proceedings the petitioners are claiming that the trial court has improperly ordered them to allow discovery by the respondent as to the proceedings of a medical review committee. The petitioners claim that discovery of such proceedings is barred by virtue of Section 768.40(4), Florida Statutes (1977).

The respondent physician brought a defamation action against the petitioners alleging that the petitioners acted individually...

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