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NME HOSPITALS, INC. v. AZZARITI

No. 90-03087.

573 So.2d 173 (1991)

NME HOSPITALS, INC., a Corporation D/B/a Seven Rivers Community Hospital, Petitioner, v. Dominick AZZARITI and Domenica Azzariti, His Wife, Respondents.

District Court of Appeal of Florida, Second District.

January 16, 1991.

Attorney(s) appearing for the Case

Thomas Saieva of Saieva and Walsh, P.A., Tampa, for petitioner.

John McLaughlin of Wagner, Cunningham, Vaughan & McLaughlin, P.A., Tampa, for respondents.

PER CURIAM.

The petitioner, the defendant in a pending medical malpractice action, seeks a writ of certiorari to review an order of the circuit court denying its motion to dismiss. The respondents filed their complaint without first complying with the mandatory requirements of sections 766.104 and 766.106, Florida Statutes (1989). Compliance with the statute is a condition precedent to maintaining a suit against a health care provider, and the parties agree that there...

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