UNIVERSITY OF MIAMI v. KLEIN

No. 92-649.

603 So.2d 651 (1992)

UNIVERSITY OF MIAMI, the Public Health Trust of Dade County d/b/a Jackson Memorial Hospital and Euan Robertson, M.D., Petitioners, v. The Honorable Herbert M. KLEIN, as Circuit Judge of the Eleventh Judicial Circuit in and for Dade County, Respondent.

District Court of Appeal of Florida, Third District.

August 11, 1992.


Attorney(s) appearing for the Case

Fowler, White, Burnett, Hurley, Banick & Strickroot and Steven E. Stark, Miami, for petitioners.

Perse & Ginsberg and Arnold R. Ginsberg, Miami, for respondent.

Before FERGUSON, JORGENSON and COPE, JJ.


FERGUSON, Judge.

The petitioners, who are the defendants in the trial court action, bring this proceeding in prohibition to prevent the trial court from exercising jurisdiction in a medical malpractice action arising from a birth-related neurological injury which resulted in the infant's death. The plaintiffs sought a declaration that the statute on which the defendants' jurisdictional argument is based, section 766.303...

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