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PRESTON v. HEALTH CARE CORP. OF AMERICA

No. 4D00-1141.

785 So.2d 570 (2001)

John L. PRESTON, as Personal Representative of the Estate of Myrtha Preston, Deceased, Appellant, v. HEALTH CARE AND RETIREMENT CORPORATION OF AMERICA, authorized to operate Heartland Health Care Center/Lauderhill, a Florida corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 5, 2001.

Attorney(s) appearing for the Case

Robert McFann of McFann, Beavers & Kaplan, William J. Wichmann of William J. Wichmann, P.A., Fort Lauderdale, Jane Kreusler-Walsh and Rebecca J. Mercier of Jane Kreusler-Walsh, P.A., West Palm Beach, for appellant.

G. Bart Billbrough, Mara J. Hornstein, and Barry A. Postman of Cole White & Billbrough, P.A., Miami, for appellee.

POLEN, J.

Appellant, the personal representative of the estate of Myrtha Preston ("decedent"), appeals from an order dismissing his claim against Health Care and Retirement Corporation of America ("Health Care") with prejudice for failure to comply with the pre-suit requirements of the Medical Malpractice Act ("Malpractice Act"). He argues that those pre-suit requirements do not apply in a suit against a nursing home alleging...

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