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BARRON v. SHAPIRO

No. 74144.

565 So.2d 1319 (1990)

James BARRON, M.D., et al., Petitioners, v. Josephine SHAPIRO, Etc., et al., Respondents.

Supreme Court of Florida.

Rehearing Denied September 12, 1990.

Attorney(s) appearing for the Case

Nancy P. Maxwell of Metzger, Sonneborn & Rutter, P.A., West Palm Beach, for petitioners.

Philip M. Burlington of Edna L. Caruso, P.A., West Palm Beach, and Kevin L. O'Brien of Thompson and O'Brien, Fort Lauderdale, for respondents.

Robert M. Klein and Philip D. Parris of Stephens, Lynn, Klein & McNicholas, P.A., Miami, amicus curiae for Florida Medical Ass'n and Florida Hosp. Ass'n.

Jack W. Shaw, Jr. of Mathews, Osborne, McNatt & Cobb, Jacksonville, amicus curiae for Florida Defense Lawyers Ass'n.

GRIMES, Justice.

We review Shapiro v. Barron, 538 So.2d 1319 (Fla. 4th DCA 1989), because of its conflict with Nardone v. Reynolds, 333 So.2d 25 (Fla. 1976). Our jurisdiction is based on article V, section 3(b)(3), of the Florida Constitution.

On August 17, 1979, Dr. James Barron operated upon Lee Shapiro for removal of malignant...

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