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FABER v. WROBEL

No. 94-02354.

673 So.2d 871 (1995)

Antoinette FABER and Robert Faber, her husband, Appellants, v. Dr. Gerald C. WROBEL, M.D.; Associates In Orthopaedics, P.A., a Florida corporation; Dr. James Huddleston, M.D., Manuel M. Pena, M.D., P.A., a Florida corporation; and Manuel M. Pena, M.D., Appellees.

District Court of Appeal of Florida, Second District.

Rehearings Denied January 25, 1996.

Attorney(s) appearing for the Case

David F. Garber, Naples, for Appellants.

James G. Decker and Eugene H. Smith of Decker & Smith, Fort Myers, for Appellees Wrobel and Associates in Orthopaedics, P.A.

Diaz & Morel-Saruski, P.A., Coral Gables; and Bambi G. Blum of Anderson & Blum, P.A., Miami, for Appellee Huddleston.

Eugene L. Ciotoli and Armando T. Lauritano of Bobo, Spicer, Ciotoli, Fulford, Bocchino, Weidner, Debevois & LeClainche, P.A., West Palm Beach, for Appellees Pena, P.A., and Pena.

BLUE, Judge.

Antoinette and Robert Faber appeal the final judgment dismissing their medical malpractice complaint for failure to comply with the presuit screening requirements. The dismissal occurred after the circuit court ruled that the Fabers' medical expert was not qualified to render the opinion that accompanied their notice of intent to initiate medical malpractice litigation. Because the expert was qualified under the relevant statutory provision, we reverse...

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