VOMACKA v. HERVEY

No. 79-1337.

382 So.2d 41 (1979)

Robert P. VOMACKA, M.D., Petitioner, v. Alice HERVEY and David Hervey, Respondents.

District Court of Appeal of Florida, Second District.

October 31, 1979.


Attorney(s) appearing for the Case

William C. Blake, Jr., of Blake & Associates, P.A., Tampa, for petitioner.

John T. Allen, Jr., St. Petersburg, for respondents.


RYDER, Judge.

Vomacka seeks certiorari to review an order denying his motion for partial summary judgment and granting respondents' corresponding motion to strike affirmative defenses. We grant certiorari and vacate the challenged orders.

Respondents' complaint was based on factual allegations that petitioner negligently diagnosed and treated respondent for breast cancer. The complaint alleged in two counts that petitioner had failed to secure Mrs. Hervey...

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