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ALACHUA GENERAL HOSP. INC. v. STEWART

No. 94-2524.

649 So.2d 357 (1995)

ALACHUA GENERAL HOSPITAL, INC. Petitioner, v. Sheila STEWART, As Guardian of the Person and Property of Shirley Sams, an Incapacitated Person, and Sheila Stewart, As Next Friend of James Walter Sams, an Incapacitated Person; and Celia Elbrecht, M.D. Respondents.

District Court of Appeal of Florida, First District.

February 9, 1995.

Attorney(s) appearing for the Case

Gary L. Sanders and Jean A. Bice of Pattillo & McKeever, P.A., Ocala, for petitioner.

Raymond F. Brady of McGalliard & Brady, Gainesville, for respondents.

WOLF, Judge.

Petitioner, Alachua General Hospital (AGH), seeks a writ of common law certiorari to quash the trial court's order denying a request to conduct ex parte interviews with three doctors who treated a patient in petitioner's hospital. The issue is whether a hospital charged with liability for the negligence of a physician alleged to be an agent of the hospital may conduct ex parte interviews with that physician without admitting before trial that the physician...

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