POLEN, J.
Petitioners seek a writ of certiorari to quash an order denying their motion to dismiss respondent as a plaintiff in a medical malpractice action. They sought dismissal because respondent did not serve a notice of intent to sue pursuant to section 766.106(2), Florida Statutes (1999). The trial court determined that respondent, whose loss of consortium claim was derivative of her husband's medical malpractice claim, was not required to send a notice of intent...
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