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SMELKO v. DUPAY

No. 95-02900.

686 So.2d 14 (1996)

L. Addison SMELKO, Appellant, v. Edward R. DUPAY, Jr., D.O.; and Edward R. Dupay, Jr. D.O., P.A., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 31, 1996.

Attorney(s) appearing for the Case

David F. Garber of Garber & Jay, P.A., Naples, for Appellant.

Bambi G. Blum of Hicks, Anderson & Blum, P.A., Miami, and Javier J. Rodriguez of Diaz & Morel-Saruski, Coral Gables, for Appellees.

PATTERSON, Judge.

L. Addison Smelko appeals from the final order which dismisses his lawsuit against Dr. Edward R. Dupay, Jr., and Edward R. Dupay, Jr., D.O., P.A., for failure to comply with the medical malpractice statute's pre-suit screening requirements. See § 766.203, Fla. Stat. (1993). The trial court determined that the plaintiff's medical expert, Dr. Gardner, was not a qualified medical expert under section 766.202(5), Florida Statutes (1993)....

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