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BARNETT BK. OF E. POLK COUNTY v. FLEMING

Nos. 69023, 69062 and 69063.

508 So.2d 718 (1987)

BARNETT BANK OF EAST POLK COUNTY, Petitioner, v. George T. FLEMING, Respondent. FLORIDA PATIENT'S COMPENSATION FUND, Petitioner, v. Barbara Jean GANT and Leon Gant, Jr., Her Husband, Respondents. TALLAHASSEE MEMORIAL REGIONAL MEDICAL CENTER, INC. and A.D. Brickler, M.D., Petitioners, v. Barbara Jean GANT and Leon Gant, Jr., Her Husband, Respondents.

Supreme Court of Florida.

June 18, 1987.

Attorney(s) appearing for the Case

Roy C. Summerlin and Debra L. Cline of Summerlin and Connor, Winter Haven, for petitioner Barnett Bank of East Polk County.

Brian P. Rush of Anderson & Orcutt, P.A., Tampa, for respondent George T. Fleming.

Craig A. Dennis of Collins, Dennis & Williams, P.A., Tallahassee, for petitioner Florida Patients Compensation Fund.

Harold E. Regan, Tallahassee, for respondents Barbara Jean Gant and Leon Gant, Jr.

John D. Buchanan, Jr. and Edwin R. Hudson of Henry, Buchanan, Mick & English, P.A., Tallahassee, for petitioners Memorial Medical Center & A.D. Brickler.

BARKETT, Justice.

We have for review the conflicting decisions of Fleming v. Barnett Bank of East Polk County, 490 So.2d 126 (Fla. 2d DCA 1986), and Gant v. Tallahassee Memorial Regional Medical Center, 490 So.2d 1020 (Fla. 1st DCA 1986). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

Two questions are presented in these cases: (1) whether a prematurely filed motion...

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