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HANKEY v. YARIAN

No. SC 94384.

755 So.2d 93 (2000)

Patricia Ann HANKEY, et al., Petitioners, v. Susan YARIAN, M.D., et al., Respondents.

Supreme Court of Florida.

March 16, 2000.

Attorney(s) appearing for the Case

Charles Daniel Sikes and Thomas F. Nordlie, Starke, Florida, for Petitioners.

H. Joseph McGuire and M. Kathleen Roddenberry of Smith, Schoder & Roddenberry, P.A., Daytona Beach, Florida; Kurt M. Spengler and Michael R. D'Lugo of Wicker, Smith, Tutan, O'Hara, McCoy, Graham & Ford, P.A., Orlando, Florida; Lee W. Marcus, Terese M. Latham and Martin B. Unger of Unger, Swartwood, Indest & Acree, P.A., Orlando, Florida, for Respondents.

ANSTEAD, J.

We have for review Hankey v. Yarian, 719 So.2d 987 (Fla. 5th DCA 1998) based on certified direct conflict with the decision in Rothschild v. NME Hospitals, Inc., 707 So.2d 952 (Fla. 4th DCA 1998). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the following reasons, we quash Hankey and approve Rothschild.

At issue is the...

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