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SMITH v. SITOMER

No. 72610.

550 So.2d 461 (1989)

Robert B. SMITH, M.D., et al., Petitioners, v. Harriet R. SITOMER, et al., Respondents.

Supreme Court of Florida.

October 26, 1989.

Attorney(s) appearing for the Case

Melanie G. May of Bunnell and Woulfe, P.A., Fort Lauderdale, for petitioners.

Edward A. Perse of Horton, Perse & Ginsberg, and Hoppe, Backmeyer & Nelson, Miami, for Sitomer.

Marguerite H. Davis of Katz, Kutter, Haigler, Alderman, Eaton, Davis & Marks, P.A., Tallahassee, for Florida Patient's Compensation Fund, respondents.

GRIMES, Justice.

We have for review Florida Patient's Compensation Fund v. Sitomer, 524 So.2d 671 (Fla. 4th DCA 1988). We accepted jurisdiction based on conflict with State ex rel. Royal Insurance Co. v. Barrs, 87 Fla. 168, 99 So. 668 (1924), and Prudential Insurance Co. of America v. Lamm, 218 So.2d 219 (Fla. 3d DCA), cert. denied, 225 So.2d 529

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