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SHANDS TEACHING HOSP. v. BARBER

No. 93-3838.

638 So.2d 570 (1994)

SHANDS TEACHING HOSPITAL AND CLINICS, INC., a Florida not-for-profit corporation, and The Board of Regents of the State University System of Florida, Petitioners, v. Myrna BARBER and Nathaniel Barber, husband and wife, Respondents.

District Court of Appeal of Florida, First District.

Rehearing Denied July 14, 1994.

Attorney(s) appearing for the Case

Toby S. Monaco of Monaco & Monaco, P.A., Gainesville, for appellants.

Joel D. Eaton of Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami, for appellees.

MICKLE, Judge.

Petitioners, defendants in a pending medical malpractice action, seek a writ of certiorari to overturn a nonfinal order denying their motion to dismiss for failure to comply with the prefiling notice requirements of sections 766.106 and 766.203, Florida Statutes. We deny the petition.

The extraordinary remedy of certiorari will be granted only in those situations where the court acts without or in excess of its jurisdiction, or the order departs...

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