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BUDREAU v. MENDOZA

No. 93-1582.

639 So.2d 1007 (1994)

Dennis BUDREAU and Marcia Budreau, his wife, Appellants, v. Efrain MENDOZA, M.D., et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 16, 1994.

Attorney(s) appearing for the Case

Stanley M. Rosenblatt and Susan Rosenblatt and Mary Margaret Schneider, Miami, for appellants.

Hickey & Jones and John H. Hickey, Miami, and Yadira R. Cole, Fort Lauderdale, for appellees.

Before SCHWARTZ, C.J., and HUBBART and NESBITT, JJ.

PER CURIAM.

This is an appeal by the plaintiffs Dennis and Marcia Budreau from a final order dismissing a medical malpractice complaint against the defendant Efrain Mendoza, M.D. We reverse the final order under review and remand the cause for an evidentiary hearing so that the trial court may determine: (1) whether (a) an agreement was entered into by the parties that the plaintiffs could serve process on the defendant's counsel in this case, instead of the defendant...

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