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MALUNNEY v. PEARLSTEIN

No. 88-445.

539 So.2d 493 (1989)

Earla W. MALUNNEY, As Administratrix of the Estate of John T. Malunney, Deceased, Appellant, v. Leslie PEARLSTEIN, M.D., Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 13, 1989.

Attorney(s) appearing for the Case

Michael R. Karp, Sarasota, for appellant.

Nelly N. Khouzam of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., St. Petersburg, for appellee.

PARKER, Judge.

Earla Malunney, the administratrix of her husband's estate, appeals from the trial court's order dismissing the Malunneys' complaint1 with prejudice in an action against appellee, Leslie Pearlstein, M.D. for medical malpractice. We reverse.

This is the second lawsuit filed by the Malunneys against Pearlstein arising from the same claim of malpractice. In the appeal from the first lawsuit, Pearlstein v. Malunney...

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