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BARNES v. MEECE

No. 88-0267.

530 So.2d 958 (1988)

Walter BARNES, Jr., Petitioner, v. Carl Edward MEECE, Jr., As Personal Representative of the Estate of Christine F. Meece, and Carl Edward Meece, Jr., Individually, Michael John Sineath and Joan L. Sineath, Community Hospital of the Palm Beaches, Inc., D/B/a Humana Hospital of the Palm Beaches, a Florida Corporation, Raymond McKnight, M.D., Jerald V. Lemar, D.O., David Simon, D.O., Florida Patients Compensation Fund, Findeiss and Creed, Inc., a Florida Professional Corporation, Longo and Latorra, D.O., P.A., Joseph Motta, M.D., and Faro, Motta and Anderson, M.D., P.A., Respondents.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 5, 1988.

Attorney(s) appearing for the Case

Jones & Foster, P.A., and Marjorie Gadarian Graham of Marjorie Gadarian Graham, P.A., West Palm Beach, for petitioner.

Robert T. Bergin, Jr., of Bergin & Culler, West Palm Beach, for respondent-Carl Edward Meece, Jr.

Nancy P. Maxwell of Metzger & Sonneborn, P.A., West Palm Beach, for respondents-Community Hosp. and David Simon, D.O.

Richard A. Sherman of the Law Offices of Richard A. Sherman, P.A., Fort Lauderdale, for respondents-Jerald V. Lemar, D.O., Joseph Motta, M.D., Longo and Latorra, D.O., P.A., and Faro, Motta and Anderson, M.D., P.A.

PER CURIAM.

This is a petition for writ of common law certiorari in which petitioner seeks relief from two orders denying petitioner's motion to consolidate a wrongful death/personal injury action with a wrongful death/medical malpractice action. Petitioner (Barnes) is a defendant in the wrongful death/personal injury action. Among Barnes' affirmative defenses is the claim that the decedent died due to the subsequent medical malpractice of the parties named in the...

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