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DAMIANO v. McDANIEL

No. 87831.

689 So.2d 1059 (1997)

Alfred DAMIANO, etc., et al., Petitioners, v. Grover McDANIEL, M.D., et al., Respondents.

Supreme Court of Florida.

March 13, 1997.

Attorney(s) appearing for the Case

Richard A. Sherman and Rosemary B. Wilder of Richard A. Sherman, P.A., Fort Lauderdale, and Wilton L. Strickland of Strickland & Seidule, P.A., Fort Lauderdale, for Petitioners.

Shelley H. Leinicke of Wicker, Smith, Tutan, O'Hara, McCoy, Graham, Lane & Ford, P.A., Fort Lauderdale, for Respondents.

Philip M. Burlington of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, for amicus curiae The Academy of Florida Trial Lawyers.

GRIMES, Justice.

We review Damiano v. McDaniel, 670 So.2d 1198, 1199 (Fla. 4th DCA 1996), which certified to this Court the following question:

IS THE MEDICAL MALPRACTICE STATUTE OF REPOSE UNCONSTITUTIONALLY APPLIED, AS A VIOLATION OF ARTICLE I, SECTION 21 OF THE FLORIDA CONSTITUTION, IN BARRING AN ACTION FOR MEDICAL MALPRACTICE WHERE THE INJURY, RESULTING IN AIDS, DOES NOT MANIFEST ITSELF WITHIN THE STATUTORY FOUR...

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