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PHILLIPS v. KOEPKE

No. 97-4067.

710 So.2d 772 (1998)

James PHILLIPS, M.D., Family Practice Center, Inc., James Byrnes, M.D., Premier Medical Group, P.A., Hanley-Hazelden Center at St. Mary's, a Florida nonprofit corporation, Thomas L. Purcell, M.D., Thomas L. Purcell, M.D., P.A., d/b/a The Purcell Institute, Jerome Werner, M.D., and Walk-In Family Centers, Inc., a Florida corporation, Petitioners, v. Susan Monson KOEPKE, Individually and as personal representative of the Estate of Kurt August Koepke, Respondents.

District Court of Appeal of Florida, Fourth District.

June 3, 1998.

Attorney(s) appearing for the Case

Jennifer S. Carroll of Metzger, Sonneborn & Rutter, P.A., West Palm Beach, for petitioners James Phillips, M.D., and Family Practice Center, Inc.

Crane A. Johnstone of George, Hartz, Lundeen, Flagg & Fulmer, Fort Lauderdale, for petitioners James Byrnes, M.D., and Premier Medical Group, P.A.

Michael K. Mittelmark of Michaud, Buschmann, Fox, Ferrara & Mittelmark, P.A., Boca Raton, for petitioner Hanley-Hazelden Center at St. Mary's, a Florida nonprofit corporation.

Robert J. Berman of Law Offices of Robert I. Rubin, Fort Lauderdale, for petitioner Thomas L. Purcell, M.D.

Catherine M. Paris of Adams, Coogler, Watson & Merkel, P.A., West Palm Beach, for petitioners Jerome Werner, M.D., and Walk-In Family Centers, Inc., a Florida corporation.

Brian J. Glick of Glick & Retamar, Boca Raton, and Jane Kreusler-Walsh of Jane Kreusler-Walsh, P.A., West Palm Beach, for respondent.

PER CURIAM.

Defendants in a medical malpractice case seek certiorari review of an order denying their motion to dismiss plaintiff's complaint for plaintiff's failure to comply with the mandatory presuit requirements, specifically that the verified medical opinion was not from a medical expert as defined by section 766.202(5) Florida Statutes. We deny certiorari because it is clear that the court did not depart from the essential requirements of law in determining...

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