PLEMENDON v. FERNANDEZ

No. 92-0490.

602 So.2d 1379 (1992)

Joseph PLEMENDON, Debbie Plemendon, his wife, and their minor dependent children, Hope Danielle Plemondon, and Laura Plemondon, Petitioners, v. Alberto FERNANDEZ, M.D., Carlos Vidalon, M.D., Fernandez and Associates, P.A., Philip Gordon, M.D., and Steven Dolberg, D.C., Respondents.

District Court of Appeal of Florida, Fourth District.

August 19, 1992.


Attorney(s) appearing for the Case

Donald J. Tobkin of Sheldon J. Schlesinger, P.A., Fort Lauderdale, for petitioners.

Esther E. Galicia of George, Hartz, Lundeen, Flagg & Fulmer, Coral Gables, for respondents Fernandez, Vidalon and Fernandez and Associates.

Lewis S. Kimler, Plantation, for respondents Gordon and Dolberg.


PER CURIAM.

The petition for a writ of common law certiorari is hereby DENIED.

GUNTHER, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.

FARMER, J., dissents with opinion.

FARMER, Judge, dissenting.

The issue raised in this medical malpractice case is whether a trial court should strike a doctor's defenses when the doctor fails entirely to conduct any presuit screening or investigation...

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