DIMICK-RUSSELL v. FRANKEL, D.D.S.

No. 98-2214.

734 So.2d 486 (1999)

Elizabeth L. DIMICK-RUSSELL & John Russell, Appellant, v. Manuel FRANKEL, D.D.S., Appellee.

District Court of Appeal of Florida, Fifth District.

May 14, 1999.


Attorney(s) appearing for the Case

Sharon M. Sabel of the Denta Law Group and Kenneth P. Liroff, D.D.S., P.A., Fort Lauderdale, for Appellant.

Jamie Billotte Moses & Philip Turner King, Jr., of Fisher, Rushmer, Werrenrath, Dickson, Talley & Dunlap, P.A., Orlando, for Appellee.


HARRIS, J.

While we affirm the court's dismissal herein, we hold that it should not be "with prejudice." We agree, however, that plaintiff should not be permitted to amend.

The facts in this case are extraordinary. Even though plaintiff had obtained a written corroboration of reasonable grounds to initiate medical negligence litigation, she refused to provide a copy with her notice of intent to initiate a claim because she determined that the doctor against...

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