MacMURDO v. UPJOHN CO.

No. 79-2422.

388 So.2d 1103 (1980)

Anne Marie MacMURDO a/k/a Anne Marie Stafford, Appellant, v. The UPJOHN COMPANY, a Michigan Corporation, the University of Miami, a Nonprofit Organization, and Arthur G. Shapiro, M.D., Appellees.

District Court of Appeal of Florida, Fourth District.

October 15, 1980.


Attorney(s) appearing for the Case

Bryan S. Henry of Atkinson, Golden, Bacen & Diner, P.A., Hollywood, for appellant.

James C. Blecke of Blackwell, Walker, Gray, Powers, Flick & Hoehl, Miami, for appellees University of Miami and Arthur G. Shapiro, M.D.


HERSEY, Judge.

This is an appeal from a final order dismissing plaintiff's complaint without leave to amend "without first proceeding through Medical Mediation pursuant to F.S. 768.44."

We reverse on the authority of Aldana v. Holub, 381 So.2d 231 (Fla. 1980) which declared Florida's Medical Mediation Statute unconstitutional.

It is conceded that the amended complaint did not allege medical malpractice as...

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