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FLORIDA PATIENT'S COMPENSATION FUND v. ST. PAUL FIRE AND MARINE INS. CO.

No. 87-0791.

535 So.2d 335 (1988)

FLORIDA PATIENT'S COMPENSATION FUND, Appellant, v. ST. PAUL FIRE and MARINE INSURANCE COMPANY, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 20, 1989.

Attorney(s) appearing for the Case

Samuel R. Neel, III, Tallahassee, for appellant.

Richard V. Neill and Richard V. Neill, Jr. of Neill Griffin Jeffries & Lloyd, Fort Pierce, for appellees.

PER CURIAM.

This controversy stems from a malpractice claim involving an unnecessary surgical operation performed because of a faulty pathologist's report. The pathologist's insurer, Florida Patient's Compensation Fund, settled the case prior to trial and then filed suit against the surgeon/codefendant for contribution. However, the trial court dismissed it because of the Patient's Compensation Fund's failure to comply with section 768.31(4)(d)(2), Florida Statutes...

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