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INGERSOLL v. HOFFMAN

No. 76333.

589 So.2d 223 (1991)

John INGERSOLL, et ux., Petitioners, v. Warren HOFFMAN, D.D.S., Respondent.

Supreme Court of Florida.

Rehearing Denied December 12, 1991.

Attorney(s) appearing for the Case

Kenneth P. Liroff, Fort Lauderdale, Brian Hersh, Miami, and Larry Klein of Klein & Walsh, P.A., West Palm Beach, for petitioners.

G. Bart Billbrough and Geoffrey B. Marks of Walton, Lantaff, Schroeder & Carson, Miami, for respondent.

GRIMES, Justice.

We review Ingersoll v. Hoffman, 561 So.2d 324 (Fla. 3d DCA 1990), in which the court certified to be of great public importance the following question:

DOES THE FAILURE TO COMPLY WITH THE PRELITIGATION NOTICE REQUIREMENTS OF SECTION 768.57 DEPRIVE THE TRIAL COURT OF SUBJECT MATTER JURISDICTION OF A DENTAL MALPRACTICE ACTION, OR MAY THE LACK OF SUCH NOTICE BE EXCUSED BY A SHOWING OF ESTOPPEL OR WAIVER...

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