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ROBARTS v. DIACO

No. 90-02317.

581 So.2d 911 (1991)

Edna H. ROBARTS, As Personal Representative of the Estate of Gene F. Robarts, Deceased, Appellant, v. Joseph F. DIACO, Bernard M. Hochberg and St. Joseph's Hospital, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 11, 1991.

Attorney(s) appearing for the Case

David A. Maney and A. Ann Arledge of Maney, Damsker & Arledge, P.A., and Mac A. Greco, Jr., Tampa, for appellant.

T. Paine Kelly, Jr. of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellee St. Joseph's Hosp., Inc.

CAMPBELL, Acting Chief Judge.

Appellant, plaintiff below, Edna H. Robarts (Roberts), as personal representative of the estate of Gene F. Robarts, deceased, appeals the final judgment which dismissed with prejudice her action for contribution against appellee (defendant below), St. Joseph's Hospital, Inc. (St. Joseph's). We reverse.

On May 13, 1987, Gene F. Robarts underwent abdominal surgery at St. Joseph's. The surgery was performed by appellees, Drs. Diaco...

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