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HAYWOOD v. SAMAI

No. 93-1371.

624 So.2d 1154 (1993)

Arlene HAYWOOD, M.D., and Arlene Haywood, M.D., P.A., Petitioners, v. John SAMAI and Sheila Samai, Individually and As Parents and Natural Guardians of Cherise Samai, Respondents.

District Court of Appeal of Florida, Fourth District.

As Revised on Grant of Clarification; Rehearing and Rehearing Denied October 22, 1993.

Attorney(s) appearing for the Case

Esther E. Galicia of George, Hartz, Lundeen, Flagg & Fulmer, Coral Gables, for petitioners.

Jesse S. Faerber of Fenster and Faerber, P.A., Plantation, and Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami, for respondents.

As Revised on Grant of Clarification; Rehearing and Rehearing En Banc Denied October 22, 1993.

ON MOTION FOR REHEARING AND/OR CLARIFICATION

GUNTHER, Judge.

We grant respondents' motion for rehearing and/or clarification, withdraw our earlier opinion and substitute the following:

We grant the petition for writ of common law certiorari in this malpractice action because the trial court departed from the essential requirements of law and there...

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