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SOVA DRUGS, INC. v. BARNES

No. 95-1719.

661 So.2d 393 (1995)

SOVA DRUGS, INC., et al., Petitioners, v. Traiy Patrick BARNES, et al., Respondents.

District Court of Appeal of Florida, Fifth District.

October 13, 1995.

Attorney(s) appearing for the Case

Michael G. Maida of Messer, Vickers, Caparello, Madsen, Goldman & Metz, Tallahassee, and Carl Scott Schuler of Tygart & Schuler, P.A., Jacksonville, for Petitioners.

Robert O. Wilhelm of Robert O. Wilhelm & Associates, P.A., St. Augustine, for Respondents.

Michael D. Eriksen of Romano, Eriksen & Cronin, West Palm Beach, for Academy of Florida Trial Lawyers, Amicus Curiae.

W. SHARP, Judge.

The mother of Traiy Patrick Barnes, respondent in this case, filed suit against Sova Drugs, Inc., petitioner in this case, for injuries suffered by her son, when the pharmacy allegedly misfilled a prescription for him. Sova filed a motion to dismiss on the ground that Barnes failed to comply with the presuit investigation and notice requirements of the Medical Malpractice Reform Act, sections 766.101 through 766.212, Florida Statutes (1993). The trial...

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