FUENTES v. SPIRER

No. 3D99-2232.

766 So.2d 1081 (2000)

Virginia FUENTES, etc., et al., Appellants, v. Richard SPIRER, M.D., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Certification Denied August 30, 2000.


Attorney(s) appearing for the Case

Ginsberg & Schwartz, and Gaebe, Murphy, Muller & Antonelli, and Todd Schwartz, Miami, for appellants.

McGrane & Nosich, Coral Gables, and Rhea P. Grossman, Miami, for appellee.

Before GERSTEN, FLETCHER, and RAMIREZ, JJ.


RAMIREZ, J.

Virginia Fuentes appeals an adverse summary judgment in her medical malpractice action against Richard Spirer, M.D. The motion was granted after the trial court struck the affidavit of William Fallon, M.D., Fuentes' standard of care expert, because Dr. Fallon was not a similar health care provider pursuant to section 766.102, Florida Statutes (1995). Because we disagree with that determination, we reverse.

Fuentes' husband was involved in a collision...

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