PELLEGRINO BY AND THROUGH PELLEGRINO v. HORWITZ

No. 93-0999.

642 So.2d 124 (1994)

Sara PELLEGRINO, a minor, by and through her natural guardians, Richard PELLEGRINO and Susan Pellegrino, Appellants, v. Jeffrey HORWITZ, M.D., et al., Appellee.

District Court of Appeal of Florida, Fourth District.

September 9, 1994.


Attorney(s) appearing for the Case

Scott Newmark of Sheldon J. Schlesinger, P.A., Fort Lauderdale, for appellants.

Gary M. Farmer, Jr. and George E. Bunnell of Bunnell, Woulfe & Keller, P.A., Fort Lauderdale, and John D. Kelner of Law Offices of John D. Kelner, Miami, for appellees Horwitz, South Broward Hosp. Dist. and Mount Sinai Medical Center.


PARIENTE, Judge.

In this medical malpractice action, appellants (plaintiffs) appeal an order dismissing one count of a nine count complaint. We dismiss the appeal because there is a remaining count against the same appellees (defendants) arising out of the same set of facts, even though the counts involve different legal theories. We therefore do not at this time reach the substantive question of whether the trial court properly dismissed the breach of contract count...

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