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TORO v. DAVIS

No. 99-515.

752 So.2d 614 (1999)

Victor TORO, M.D., et al., Petitioners, v. Megan Murphy DAVIS, et al., Respondents.

District Court of Appeal of Florida, Fifth District.

April 16, 1999.

Attorney(s) appearing for the Case

Anne F. (Carlucci) Lunsford, Ormond Beach, for Petitioners, Victor Toro, M.D., Victor Toro, M.D., P.A., and Radiology Associates.

Harry K. Anderson, Orlando, for Petitioners, Wuesthoff Health Services, Inc. and Wuesthoff Health Systems, Inc.

John D. Kelner of Kelner & King, LLP, Hollywood, for Respondents.

PER CURIAM.

DENIED.

DAUKSCH and GOSHORN, JJ., concur.

HARRIS, J., dissents with opinion.

HARRIS, J., dissenting.

While I agree that dismissal of this action would be too harsh in this case, I believe it should be made clear that counsel has no right to impose conditions on complying with pre-suit discovery. In this case, counsel first insisted on a stipulation creating a presumption of negligence...

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