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SHANDS TEACHING HOSPITAL v. MILLER

No. 94-1489.

642 So.2d 48 (1994)

SHANDS TEACHING HOSPITAL, Stephen B. Vogel, M.D., and Gordon L. Gibbey, M.D., Petitioners, v. William G. MILLER, Jr. and Jacqueline Miller, Respondents.

District Court of Appeal of Florida, First District.

August 22, 1994.

Attorney(s) appearing for the Case

Toby S. Monaco of Monaco, Monaco & Birder, P.A., Gainesville, for petitioners.

Marie A. Mattox of Marie A. Mattox, P.A., Tallahassee, for respondents.

BARFIELD, Judge.

Petitioners, defendants in a medical malpractice action, seek certiorari review of an order denying their motion to dismiss the complaint for failure to comply with the presuit requirements of chapter 766, Florida Statutes (1991). Finding that the trial court departed from the essential requirements of law, we grant the petition, quash the order, and remand for entry of an order dismissing the cause with prejudice.

The parties agree that the...

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