MELBOURNE MEDICAL LAB. v. LAB CORP.

No. 98-1264

722 So.2d 962 (1998)

MELBOURNE MEDICAL LABORATORY, INC., Appellant, v. LAB CORPORATION OF AMERICA, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

December 31, 1998.


Attorney(s) appearing for the Case

Michael R. Riemenschneider and Clarissa E. Harrell of O'Brien, Riemenschneider Kancilia & Lemonidis, P.A., Melbourne, for Appellant.

Mark O. Cooper and Bruce E. Chapin of O'Neill, Chapin, Marks, Liebman, Cooper & Carr, Orlando, for Appellee.


GOSHORN, J.

Melbourne Medical Laboratory, Inc. ("MML") appeals a summary final judgment entered in favor of Lab Corporation of America ("Lab Corp"), f/k/a Roche Laboratories. We affirm in part, reverse in part, and remand for further proceedings consistent herewith.

In 1994, MML began leasing space from a doctor adjacent to that doctor's medical practice, known as Village Internal Medicine ("Village"). MML set up a phlebotomy station in that space, drew blood...

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