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FOTI v. ASKINAS

432 Pa.Super. 604 (1994)

639 A.2d 807

Tammie FOTI and William Foti, as Parents and Natural Guardian of Anna Marie Foti, a Minor and Tammie Foti and William Foti, in their Own Right, v. Alan A. ASKINAS, M.D. and Chester County Obstetrics and Gynecology Assoc., and Joseph L. Abbott, M.D. Appeal of Joseph L. ABBOTT, M.D. and Chester County Obstetrics and Gynecology Assoc.

Superior Court of Pennsylvania.

Filed March 24, 1994.

Attorney(s) appearing for the Case

Peter W. Dicce, Media, for Joseph L. Abbott, appellant.

Margaret M. Maguire, Norristown, for Chester County Obstetrics and Gynecology Ass'n., appellant.

Before WIEAND, OLSZEWSKI and POPOVICH, JJ.

POPOVICH, Judge.

We are asked to review the appeal of an order entered by the Court of Common Pleas of Chester County, granting appellees' motion to discontinue without prejudice their medical malpractice action against appellants. We reverse and remand for further proceedings consistent with this opinion.

We adopt the trial court's statement of the facts of this case:

Anna Marie Foti was born...

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