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FRANZEN v. MOGLER

No. 96-2356.

744 So.2d 1029 (1997)

Dirk FRANZEN, M.D. and Dirk Franzen, M.D., P.A., Appellants, v. Henry E. MOGLER and Donna Mogler, as personal representatives of the Estate of Michael Mogler, deceased, and individually, Appellees.

District Court of Appeal of Florida, Fourth District.

October 22, 1997.

Attorney(s) appearing for the Case

Alyssa Campbell, Ila J. Klion, and Ralph Anderson of Hicks, Anderson & Blum, P.A., Miami, and Bobo, Spicer, Ciotoli, Fulford, Bocchino, DeBevoise and Le Clainche, West Palm Beach, for appellants.

Jane Kreusler-Walsh of Jane Kreusler-Walsh, P.A., West Palm Beach, and Lake Lytal of Lytal, Reiter, Clark, Sharpe, Fountain, Roca & Williams, P.A., West Palm Beach, for appellees.

Kristy C. Brown of Fisher, Rushmer, Werrenrath, Wack & Dickson, P.A., Orlando, for amicus curiae Florida Defense Lawyers Association.

Claudia B. Greenberg of Grossman and Roth, P.A., Miami, for amicus curiae Academy of Florida Trial Lawyers.

On Motions for Rehearing

FARMER, Judge.

We deny all motions for rehearing but write to address an issue raised by appellees as to our decision about the cap on non-economic damages.

Appellees' claim for money damages arose from the provision of medical services to their son by a physician. They alleged that the doctor's departure from the standard of care injured the boy and caused his death. They brought their claim as the personal representatives...

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