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MENENDEZ v. N. BROWARD HOSP. DIST.

No. 84-1538.

515 So.2d 1377 (1987)

Daniel MENENDEZ, etc., et al., Appellants, v. NORTH BROWARD HOSPITAL DISTRICT, etc., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 22, 1987.

Attorney(s) appearing for the Case

Edna L. Caruso, of Edna L. Caruso, P.A., and Montgomery, Lytal, Reiter, Denney & Searcy, P.A., West Palm Beach, for appellants.

William Zei, of Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham & Lane, P.A., Gibbs & Silverberg, P.A., and Bernard & Mauro, Fort Lauderdale, for appellee.

DOWNEY, Judge.

This is a timely appeal from an order of dismissal of appellants' amended complaint in a medical malpractice action. The order granting appellee's motion to dismiss the amended complaint (which was followed by a final judgment of dismissal) stated that the motion was granted because North Broward Hospital District is an agency of the state within the meaning of section 768.28, Florida Statutes (1977), and...

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