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BEVERLY v. PUBLIX SUPERMARKETS

No. 1D00-4265.

792 So.2d 595 (2001)

Linda BEVERLY, Appellant, v. PUBLIX SUPERMARKETS and Publix Supermarkets, Inc., Appellees.

District Court of Appeal of Florida, First District.

August 14, 2001.

Attorney(s) appearing for the Case

James A. Kole of Solomon & Proctor, P.A., Tallahassee, for Appellant.

Mary E. Cruickshank and Christopher J. DuBois of DuBois & Cruickshank, P.A., Tallahassee, for Appellees.

ERVIN, J.

We affirm the denial of payment for the costs relating to the surgery performed by Dr. Fitzgerald on March 5, 1999, because claimant failed to request prior authorization for the surgery, as required by sections 440.13(2)(c) and 440.13(3)(i), Florida Statutes (Supp.1994). In so ruling, we note that the voluntary dismissal claimant filed in April 1997, relating to the pain-management claim included in the 1996 petition for benefits, acted to dismiss the entire...

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