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FLEISHER v. FLA. PATIENT'S COMP. FUND

No. 85-786.

498 So.2d 436 (1986)

Joel B. FLEISHER, M.D., Appellant, v. FLORIDA PATIENT'S COMPENSATION FUND, Appellee.

District Court of Appeal of Florida, Third District.

On Motion for Rehearing August 19, 1986.

Attorney(s) appearing for the Case

Lanza, Sevier & O'Connor and Stephen E. Tunstall, Coral Gables, for appellant.

Perkins & Collins and Craig A. Dennis, Tallahassee, for appellee.

Before SCHWARTZ, C.J., and HENDRY and BASKIN, JJ.

BASKIN, Judge.

Dr. Joel Fleisher challenges the dismissal of an amended complaint in which he sought contribution from the Florida Patient's Compensation Fund [Fund] for the portion of a judgment which exceeded the limited liability of joint tortfeasor Palmetto General Hospital, Inc. [Palmetto General]. The trial court based its dismissal on the failure of the parties to join the Fund in the original proceeding as required by section 768.54, Florida Statutes (Supp...

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