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DIAZ v. CCHC-GOLDEN GLADES, LTD.

No. 96-467.

696 So.2d 1346 (1997)

Carlos DIAZ, as personal representative of the Estate of Lazaro Diaz on Behalf of the Estate of Lazaro Diaz and on Behalf of Juan Diaz and Yolanda Diaz, as survivors of Lazaro Diaz, Appellants, v. CCHC-GOLDEN GLADES, LTD., a limited partnership with Commonwealth Continental Health Care, Inc., general partner, d/b/a Golden Glades Regional Medical Center, Ltd., Appellee.

District Court of Appeal of Florida, Third District.

July 23, 1997.

Attorney(s) appearing for the Case

Arnold R. Ginsberg; Hoppe & Stokes, Miami, for appellants.

Womack, Appleby & Brennan and J. Lorraine Brennan, Miami, for appellee.

Before SCHWARTZ, C.J., and COPE and LEVY, JJ.

SCHWARTZ, Chief Judge.

Primarily because of the legislative history set out by the Fourth Circuit in Power v. Arlington Hospital Association, 42 F.3d 851, 862-63 (4th Cir.1994), reversing Power v. Arlington Hospital, 800 F.Supp. 1384 (E.D.Va.1992) on this point, we are forced to the conclusion that the Emergency Medical Treatment and Labor Act (EMTALA), 42 U.S.C.A. § 1395dd...

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