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LUCAS v. VIZCAY

No. 93-03792.

638 So.2d 159 (1994)

Jose A. LUCAS and Elizabeth M. Lucas, Appellants, v. Sara VIZCAY, M.D., Appellee.

District Court of Appeal of Florida, Second District.

June 10, 1994.

Attorney(s) appearing for the Case

Donald E. McLawhorn, Tampa, for appellants.

D. Andrew DeBevoise, Law Office of Bobo, Spicer, Ciotoli, Fulford, Bocchino, DeBevoise and LeClainche, P.A., Orlando, for appellee.

PER CURIAM.

Jose A. Lucas and his wife, Elizabeth M. Lucas appeal the amended final judgment entered by the trial court in their medical malpractice action. On September 14, 1993, the court granted summary judgment in favor of Sara Vizcay, M.D. and dismissed the complaint for failure to comply with the notice requirements of section 766.106, Florida Statutes (1991).

In the present case, the notice of intent was served through a process server rather than through...

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