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JUARBE v. GOMEZ

No. 4D99-1447.

762 So.2d 534 (2000)

Jose JUARBE, as Personal Representative of the Estate of Dawn Juarbe, Deceased, for and on behalf of said Estate and the survivors thereof, and Jose Juarbe, individually and as parent and natural guardian of Joshua Juarbe and Jennifer Juarbe, minors, Appellants, v. Rolondo R. GOMEZ, M.D., Rolondo R. Gomez, M.D., P.A., Lourdes Trigo, M.D., Lourdes Trigo, M.D., P.A., South Florida Pathology Associates, P.A. and Smithkline Beecham Clinical Laboratories, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 25, 2000.

Attorney(s) appearing for the Case

Arnold R. Ginsberg of Ginsberg & Schwartz, Miami, and Sheldon J. Schlesinger, P.A., Fort Lauderdale, for appellants.

Mercer K. Clarke, Spencer H. Silverglate and Hannesson I. Murphy of Clarke Silverglate Williams & Montgomery, Miami, for appellees.

PER CURIAM.

In this medical malpractice action, we agree with the trial court that the specialty involved in this case is cytopathology. Therefore, we conclude that the trial court did not abuse its discretion in striking the plaintiffs expert, as he did not meet the definition of a "similar health care provider" within the meaning of section 766.102(2)(a), (b), or (c), Florida Statutes (1999). As to the remaining issue, we also agree with the trial court that the...

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