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VILLAZON v. PRUDENTIAL HEALTH CARE PLAN, INC.

No. 3D00-1509.

794 So.2d 625 (2001)

Rolando VILLAZON, etc., Appellant, v. PRUDENTIAL HEALTH CARE PLAN, INC., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied May 23, 2001.

Attorney(s) appearing for the Case

Deutsch & Blumberg, and James C. Blecke, Miami, for appellant.

Steven M. Ziegler, Hollywood, and Diane H. Tutt, Plantation, for appellee.

Before SCHWARTZ, C.J., and LEVY, and RAMIREZ, JJ.

Rehearing and Rehearing En Banc Denied May 23, 2001.

RAMIREZ, J.

Rolando Villazon, plaintiff below, appeals the entry of an adverse summary judgment in a wrongful death action filed against his deceased wife's health care provider, appellee Prudential Health Care Plan, Inc. Because the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1144(a), preempts Villazon's claim, we affirm.

Villazon's late wife, Susan Villazon, was a...

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