MOGLER v. FRANZEN

No. 95-0308.

669 So.2d 269 (1995)

Henry and Donna MOGLER, Individually, and as Personal Representatives of the Estate of Michael Mogler, Deceased, Appellants, v. Dirk FRANZEN, M.D., and Dirk Franzen, M.D., P.A., Appellees.

District Court of Appeal of Florida, Fourth District.

Opinion on Denial of Rehearing and Rehearing March 13, 1996.


Attorney(s) appearing for the Case

Joe Reiter of Lytal & Reiter, P.A., and Jane Kreusler-Walsh of Jane Kreusler-Walsh, P.A., West Palm Beach, for appellants.

Armando T. Lauritano of Bobo, Spicer, Ciotoli, Fulford, Bocchino, Debevois & Le Clainche, P.A., West Palm Beach, for appellees.


Opinion on Denial of Rehearing and Rehearing En Banc March 13, 1996.

PER CURIAM.

This appeal from a final summary judgment raises the primary issue of whether declaratory relief is available to parties who have agreed to arbitrate medical malpractice damages but disagree regarding the recoverability of one element of the damages claimed. The trial court found that it had jurisdiction and granted declaratory relief. We disagree and reverse.

Henry and...

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