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BAPTIST HOSP. OF MIAMI, INC. v. DEMARIO

No. 95-557.

661 So.2d 319 (1995)

BAPTIST HOSPITAL OF MIAMI, INC., Appellant, v. Michael DEMARIO, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 1, 1995.

Attorney(s) appearing for the Case

Isicoff & Ragatz and Eric Isicoff, Miami, for appellant.

Russo & Talisman and Patrice Talisman, Coconut Grove; Lyons and Farrar, Coral Gables, for appellee.

Before JORGENSON, COPE and GREEN, JJ.

COPE, Judge.

Baptist Hospital appeals an order denying its motion to vacate default. We affirm in part and reverse in part.

Michael Demario brought a class action lawsuit against Baptist Hospital, contending that he had been overcharged when he requested a copy of his medical records from the hospital. He alleged that the hospital calculated the copying charge at a rate which exceeds the amount allowed by subsection 395.3025(1), Florida Statutes (1993). He...

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