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RUB v. WILLIAMS

No. 92-1916.

611 So.2d 1328 (1993)

Moises RUB, M.D.; Moises Rub, M.D., P.A., Petitioners, v. Sonya Gardner WILLIAMS, as natural mother and guardian of Donald Stringer, Jr., and individually, and Donald Stringer, Sr., individually; Variety Children's Hospital, a Florida corporation, d/b/a Miami Children's Hospital; North Shore Medical Center, Inc., a Florida corporation, Respondents.

District Court of Appeal of Florida, Third District.

January 12, 1993.

Attorney(s) appearing for the Case

Barwick, Dillian & Lambert, P.A., Cooper & Wolfe, P.A., and Sharon L. Wolfe, Miami, for petitioners.

Kutner, Rubinoff, Thompson & Bush and Susan S. Lerner, Miami, for respondents Williams and Stringer.

Before BARKDULL, COPE and GODERICH, JJ.

PETITION FOR WRIT OF CERTIORARI

PER CURIAM.

The petitioner, Dr. Moises Rub, seeks review of an order which permitted the discovery and use of an unsworn statement taken during the medical malpractice presuit screening process. We find that Dr. Rub's statement made during the presuit screening process is privileged under section 766.106, Florida Statutes (1991) and rule 1.650, Florida Rules of Civil Procedure. For this reason, the trial court departed from...

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