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WHIGHAM v. SHANDS TEACHING HOSP.

No. 91-01934.

613 So.2d 110 (1993)

Sally WHIGHAM and Frank C. Whigham, as Personal Representatives of the Estate of Thomas E. Whigham, Appellants, v. SHANDS TEACHING HOSPITAL AND CLINICS, INC.; Florida Board of Regents, as an Agency of the State of Florida; and Civitan Regional Blood Center, Inc., Appellees.

District Court of Appeal of Florida, First District.

January 27, 1993.

Attorney(s) appearing for the Case

Roy B. Dalton, Jr. of Martinez & Dalton, P.A., and Marcia K. Lippincott of Marcia K. Lippincott, P.A., Orlando, for appellants.

Francis E. Pierce, III, of Gurney & Handley, P.A., Orlando, for appellee Shands Teaching Hosp. and Clinics, Inc.

Thomas J. Guilday and Pamela K. Frazier of Huey, Guilday, Kuersteiner & Tucker, P.A., Tallahassee, for appellee Civitan Regional Blood Center, Inc., and amicus curiae Florida Ass'n of Blood Banks, Inc.

BOOTH, Judge.

This cause is before us on appeal from a judgment entered on an order dismissing appellants' suit as barred by section 95.11(4)(b), Florida Statutes (1989). Appellants contend that: (1) the trial court erred in interpreting the statute to bar appellants' action and that, as interpreted, the statute is unconstitutional; (2) Civitan Regional Blood Center (Civitan) is not a "health care provider" covered under Section 95.11(4)(b); and (3) the trial court...

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