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ST. VINCENT'S MED. CENTER v. OAKLEY

No. 00-80.

371 So.2d 590 (1979)

ST. VINCENT's MEDICAL CENTER, Relator, v. Honorable Thomas D. Oakley, Respondent.

District Court of Appeal of Florida, First District.

June 6, 1979.

Attorney(s) appearing for the Case

Noah H. Jenerette, Jr., of Boyd, Jenerette, Leemis & Staas, P.A., Jacksonville, for relator.

No appearance requested of respondent.

ROBERT P. SMITH, Judge.

By this petition the Hospital seeks to prohibit the circuit court from exercising jurisdiction of plaintiff's complaint which was not previously considered by a medical liability mediation panel pursuant to Section 768.44, Florida Statutes (1977). The question is whether plaintiff's claim is for "malpractice" as that term is used in Section 768.44(1)(a):

Any person ... claiming damages by...

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