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GLACE v. LOWER FLORIDA KEYS HOSP. DIST.

No. 85-90.

481 So.2d 509 (1985)

Evelyn GLACE and Kenneth Glace, Her Husband, Appellants, v. The LOWER FLORIDA KEYS HOSPITAL DISTRICT, D/B/a Florida Keys Memorial Hospital: Leon Hirzel, M.D.; and the Florida Patient's Compensation Fund, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 4, 1986.

Attorney(s) appearing for the Case

Spence, Payne, Masington, Grossman, & Needle, Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin and Joel D. Eaton, Miami, for appellants.

Wolpe & Leibowitz, Steven R. Berger, Miami, for appellees.

Before BARKDULL, HUBBART and FERGUSON, JJ.

PER CURIAM.

Assuming without deciding that the tax district hospital herein comes within the ambit of Section 768.28, Florida Statutes (1983), see North Broward Hospital District v. Eldred, 466 So.2d 1210 (Fla. 4th DCA 1985), review granted, No. 67,022 (Fla. 1985), we conclude that the trial court erred in dismissing with prejudice the medical malpractice complaint filed below against the said hospital based on the...

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