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SHUFFLEBARGER v. GALLOWAY

Nos. 93-2841, 93-2854 and 94-517.

668 So.2d 996 (1995)

Harry L. SHUFFLEBARGER, M.D. and Harry L. Shufflebarger, P.A., Appellants, v. Valerie E. GALLOWAY as Personal Representative of the Estate of Rayal Bodden, deceased, Appellee.

District Court of Appeal of Florida, Third District.

Opinion Adopting on Rehearing February 14, 1996.

Attorney(s) appearing for the Case

Stephens, Lynn, Klein & McNicholas and Philip D. Parrish, Miami, for appellants.

Wolpe, Leibowitz & Brotman; Berger & Chafetz, and Steven R. Berger, Miami, for appellee.

Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A. and Joel D. Eaton, Miami, as amici curiae, on behalf of Esperanza Smith, personal representative of the Estate of Zoila Cruz and Digna Viera, personal representative of the Estate of Ismael Viera.

Before JORGENSON, GERSTEN and GREEN, JJ.

Opinion Adopting Panel Opinion on Rehearing En Banc February 14, 1996.

PER CURIAM.

We find that in accordance with this court's recent decision in Ashraf v. Smith, 647 So.2d 892 (Fla. 3d DCA 1994), we affirm appellant's first point on appeal and find no merit to the remaining points. Similarly, we find no merit to the issue raised on the cross-appeal.

Affirmed.

Before SCHWARTZ, C.J., and BARKDULL,...

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