MORRIS v. ERGOS

No. 88-1572.

532 So.2d 1360 (1988)

George A. MORRIS, III, M.D., P.A., and George A. Morris, III, M.D., Appellants, v. Kathleen ERGOS and John Ergos, Her Husband, Appellees.

District Court of Appeal of Florida, Second District.

November 4, 1988.


Attorney(s) appearing for the Case

Jerry L. Newman of Shear, Newman, Hahn & Rosenkranz, P.A., Tampa, for appellants.

Robert J. Carroll of Perenich, Carroll, Perenich & Avril, P.A., Clearwater, for appellees.


LEHAN, Judge.

In this medical malpractice case defendant physician appeals from an order striking his defenses for failure to respond timely to presuit discovery questions pursuant to section 768.57(6), Florida Statutes (1987). That section provides that failure to "make discoverable information available without formal discovery" is "grounds for dismissal of claims or defenses ultimately asserted." We reverse.

While the physician's failure to respond to the...

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