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O'CONNOR v. BOARD OF REGENTS

No. 87-329.

523 So.2d 728 (1988)

Daniel D. O'CONNOR, et al., Appellants, v. BOARD OF REGENTS OF the STATE OF FLORIDA, etc., Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 3, 1988.

Attorney(s) appearing for the Case

Chobee Ebbets and Francis J. Carroll, Jr., of Smalbein, Eubank, Johnson, Rosier & Bussey, P.A., Daytona Beach, for appellants.

Charles Cook Howell, III, of Commander, Legler, Werber, Dawes, Sadler & Howell, Jacksonville, for appellee.

ZEHMER, Judge.

The O'Connors appeal a final order of summary judgment entered in favor of appellees in a medical malpractice action. They contend the trial court erred in granting the motion for summary judgment because there were material facts in dispute. We hold that the record supports the trial court's determination that Dr. Stoner was not a "similar health care provider" as defined in section 768.45(2)(b) and that Dr.

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