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LEE v. SOUTH BROWARD HOSP. DIST.

No. 84-1277.

473 So.2d 1322 (1985)

David Joseph LEE, William Lee, His Father, Individually, and Marion Lee, His Mother, Individually, Appellants, v. SOUTH BROWARD Hospital District D/B/a Memorial Hospital; et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Order Modified July 9, 1985.

Attorney(s) appearing for the Case

Joel D. Eaton of Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin, P.A., Miami, and Sheldon J. Schlesinger, P.A., Fort Lauderdale, for appellants.

Valerie Shea and Rex Conrad of Conrad, Scherer & James, Fort Lauderdale, for appellees.

LETTS, Judge.

This appeal arises from a medical malpractice action filed in 1980 against various doctors, a nurse, the South Broward Hospital District and others. The two issues here considered concern only the Hospital District.

As to the first point, the issue is whether this particular hospital taxing district is "primarily acting" as a state agency and, therefore, comes within the purview of the waiver of sovereign immunity under Section 768.28, Florida...

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