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ASHRAF v. SMITH

No. 93-834.

647 So.2d 892 (1994)

Mohammad H. ASHRAF, M.D., Appellant, v. Esperanza SMITH, as Personal Representative of the Estate of Zoila Cruz, Appellee.

District Court of Appeal of Florida, Third District.

Opinion Denying Motion to Amend Notice of Appeal, Clarifying Decision, and Denying Rehearing January 11, 1995.

Attorney(s) appearing for the Case

Stephens, Lynn, Klein & McNicholas and Philip D. Parrish, Miami, for appellant.

Spence, Payne, Masington & Needle, Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin and Joel D. Eaton, Miami, for appellee.

Before HUBBART, BASKIN and GODERICH, JJ.

PER CURIAM.

Mohammad H. Ashraf, M.D., appeals an adverse final judgment entered in favor of plaintiff, Esperanza Smith, following a jury trial in Smith's medical malpractice wrongful death action. The trial court correctly denied Ashraf's request to include the hospital on the verdict form on the basis of this court's then controlling decision in Fabre v. Marin, 597 So.2d 883 (Fla. 3d DCA 1992); however, the Supreme Court...

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