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GUERRERO v. HUMANA, INC.

No. 88-2181.

548 So.2d 1187 (1989)

Luis GUERRERO, M.D., Petitioner, v. HUMANA, INC., D/B/a Humana Hospital-Palm Beaches; Richard A. Berjian, D.O., and Eric J. Goldberg, M.D., Respondents.

District Court of Appeal of Florida, Fourth District.

September 27, 1989.

Attorney(s) appearing for the Case

Jack Scarola of Searcy, Denney, Scarola, Barnhart and Shipley, P.A., West Palm Beach, and Philip M. Burlington, of Edna L. Caruso, P.A., West Palm Beach, for petitioner.

Atlee W. Wampler III, of Wampler, Buchanan & Breen, Miami, for respondents.

William A. Bell of The Florida Hosp. Ass'n, for amicus curiae.

PER CURIAM.

Certiorari is denied.

LETTS and DELL, JJ., concur.

ANSTEAD, J., dissents with opinion.

ANSTEAD, Judge, dissenting.

Although the issue is a difficult one, and its resolution a close call, I believe the trial court erred in upholding the constitutionality of the bond requirement of section 768.40(6)(b), Florida Statutes. That statute requires a physician bringing an action against a member of a medical review board, to post...

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