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DE LA TORRE v. ORTA EX REL. ORTA

No. 3D00-385.

785 So.2d 553 (2001)

Armando DE LA TORRE, M.D., and Armando De La Torre, M.D., P.A., Appellants, v. Miguel Angel ORTA, a minor, By and Through his parents, guardians and next of friends, Myriam ORTA and Pablo Orta, and Myriam Orta and Pablo Orta, individually, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing and Certification Denied May 30, 2001.

Attorney(s) appearing for the Case

Leonardo P. Mendez, Miami, for appellants.

Hillencamp & Alvarez, P.A., Miami; Robert S. Glazier and Sarah Helene Sharp, Miami, for appellees.

Before JORGENSON, COPE and RAMIREZ, JJ.

Rehearing En Banc and Certification Denied May 30, 2001.

COPE, J.

Armando De La Torre and Armando De La Torre, M.D., P.A. (collectively "the doctor" or the "defendant") appeal an order striking their pleadings. We conclude that the striking of the defendant's pleadings was too severe a sanction and reverse the order now under review.

I.

Plaintiffs Pablo and Myriam Orta sued the doctor, claiming medical malpractice in connection with the premature...

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