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GARGANO v. COSTARELLA

Nos. 91-2749, 92-835.

618 So.2d 786 (1993)

Arlene GARGANO and Michael Gargano, Appellants, v. Anthony COSTARELLA, Citrus Memorial Hospital, and Carlos Gonzalez, Appellees.

District Court of Appeal of Florida, Fifth District.

May 21, 1993.

Attorney(s) appearing for the Case

James A. Sheehan, James A. Sheehan, P.A., St. Petersburg, for appellants.

Andrew G. Pattillo, Jr. and Kelly G. Hamer, Pattillo & McKeever, P.A., Ocala, for appellee Citrus Memorial Hosp.

No appearance for appellees Anthony Costarella and Carlos Gonzalez.

PETERSON, Judge.

Arlene and Michael Gargano appeal a judgment awarding attorney's fees and dismissing their medical malpractice complaint against Citrus Memorial Hospital (CMH) for failing to serve, simultaneously with their notice of intent to sue, an expert medical opinion substantiating their claim. We reverse.

This appeal is controlled by the recent case of Stebilla v. Mussallem, 595 So.2d 136 (Fla. 5th DCA),...

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