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OTTO v. RODRIGUEZ

No. 96-3557.

710 So.2d 1 (1998)

Joan Maley OTTO and James Maley, as the natural guardians and next of friend of Christopher Otto, Appellants, v. J.J. RODRIGUEZ, M.D., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 24, 1998.

Attorney(s) appearing for the Case

Robert A. Rosenblatt of Law Offices of Robert A. Rosenblatt, P.A., Coral Gables, for appellants.

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

STONE, Chief Judge.

We affirm a final order dismissing this medical malpractice complaint for Plaintiffs-Appellants' failure to provide the pre-suit notice mandated by section 766.106, Florida Statutes. Defendant/Appellee's failure to provide full and complete medical records under section 766.204, Florida Statutes, which prevented the plaintiffs from obtaining a medical affidavit as required under section 766.205, Florida Statutes, did not constitute a waiver of...

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