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MENENDEZ v. NORTH BROWARD HOSP. DIST.

No. 71725.

537 So.2d 89 (1988)

Daniel MENENDEZ, etc., et al., Petitioners, v. NORTH BROWARD HOSPITAL DISTRICT, etc., Respondent.

Supreme Court of Florida.

Rehearing Denied February 21, 1989.

Attorney(s) appearing for the Case

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

William Zei of Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham & Lane, and Ellen Mills Gibbs of Gibbs & Sliverberg, Fort Lauderdale, for respondent.

PER CURIAM.

We have for review Menendez v. North Broward Hospital District, 515 So.2d 1377 (Fla. 4th DCA 1987), to answer a certified question. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We approve the district court's decision.

This case presents the issue of whether the defense of failure to give notice to the Department of Insurance (Department), under subsection 768.28(6), Florida Statutes (1977...

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