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POZNIAK v. BOSWELL

No. 95-849.

668 So.2d 1121 (1996)

Richard J. POZNIAK and Barbara Pozniak, his wife, Appellants, v. Robert B. BOSWELL, M.D., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

March 8, 1996.

Attorney(s) appearing for the Case

Ronnie H. Walker of Ronnie H. Walker, P.A., Orlando, for Appellants.

Jennings L. Hurt, III and Michael V. Hammond of Rissman, Weisberg, Barrett, Hurt, Donahue & McLain, P.A., Orlando, for Appellees.

PER CURIAM.

AFFIRMED.

PETERSON, C.J., and COBB, J., concur.

DAUKSCH, J., dissents, with opinion.

DAUKSCH, Judge, dissents.

I respectfully dissent.

Appellant's attorney failed to comply with the pre-suit discovery provisions of section 766.106, et. seq., Florida Statutes. The attorney for appellee filed the proper notice of rejection of claim in a timely fashion, apparently on or close to the final day for it to be done...

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