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CITY OF HOMESTEAD v. MARTINS

Nos. 92-1260, 92-684.

645 So.2d 187 (1994)

CITY OF HOMESTEAD d/b/a James Archer Smith Hospital, Appellant/Cross-Appellee, v. Joaquin and Maria MARTINS, as parents and guardians of Brian Martins, a minor, Appellees/cross-appellants. Joaquin and Maria MARTINS, as parents and guardians of Brian Martins, a minor, Appellants, v. CITY OF HOMESTEAD d/b/a James Archer Smith Hospital, Himamshushekar N. Sastry, M.D., and Ronald Blum, M.D., Appellees.

District Court of Appeal of Florida, Third District.

November 23, 1994.

Attorney(s) appearing for the Case

Stephens Lynn Klein & McNicholas, Fort Lauderdale, Magill & Lewis and R. Fred Lewis, Miami, for appellant/cross-appellee/appellee.

Rossman and Baumberger and Charles Baumberger, James C. Blecke, Miami, for appellees/cross-appellants/appellants.

Wolpe, Leibowitz & Brotman, Berger & Chafetz and Steven R. Berger, Womack & Bass and Jeffrey N. Schwartz, Miami, for appellees.

Before SCHWARTZ, C.J., and BASKIN and GREEN, JJ.

PER CURIAM.

Appellant/Cross-Appellee City of Homestead d/b/a James Archer Smith Hospital [Hospital] appeals a final judgment and post-trial order denying motion for remittitur/new trial. Joaquin and Maria Martins cross-appeal. We reverse on appeal and affirm on cross-appeal.

Hospital correctly argues that pursuant to Fabre v. Marin, 623 So.2d 1182 (Fla. 1993), the trial court erred in entering a judgment against Hospital...

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