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NOVARTIS PHARMACEUTICALS CORP. v. CARNOTO

No. 4D00-3189.

798 So.2d 22 (2001)

NOVARTIS PHARMACEUTICALS CORPORATION f/k/a Sandoz Pharmaceuticals Corporation, a Delaware corporation, doing business in Florida, Petitioner, v. Connie CARNOTO, Rene Carnoto, her husband, Celina Poy-Wing, M.D., Celina Poy-Wing, M.D., P.A., All Women's OB/GYN Group, Inc., and Alison Clarke-Desouza, M.D., jointly and severally, Respondents.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 19, 2001.

Attorney(s) appearing for the Case

Wendy Frank Lumish and Benjamine Reid of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., and R. Layton Mank of Wilson, Elser, Moskowitz, Edelman & Dicker, Miami, and Joe G. Hollingsworth, Katharine R. Latimer, Martin C. Calhoun, Cynthia L. Kendrick, and Rebecca A. Womeldorf of Spriggs & Hollingsworth, Washington, D.C., for petitioner.

Richard A. Sherman of Law Offices of Richard A. Sherman, P.A., and Wilton L. Strickland of Wilton L. Strickland, P.A., Fort Lauderdale, for respondents Connie and Rene Carnoto, her husband.

Loren E. Levy of The Levy Law Firm, Tallahassee, for Amicus Curiae The Academy of Florida Trial Lawyers.

Susan T. Spradley, George N. Meros, Jr., and Chanta G. Combs of Gray, Harris & Robinson, P.A., Tallahassee, for Amicus Curiae The True Coalition, and Robin S. Conrad of the National Chamber Litigation Center, Inc., Washington, D.C., for Amicus Curiae Chamber of Commerce of the United States.

Brian S. Dervishi of Weissman, Dervishi, Borgo & Nordlund, P.A., Miami, Chilton Davis Varner and Sara Barton O'Dea of King & Spalding, Atlanta, Georgia, and Hugh F. Young, Jr., Reston, Virginia, for Amicus Curiae The Product Liability Advisory Council, Inc.

ON MOTION FOR REHEARING, REHEARING EN BANC AND/OR CERTIFICATION TO THE FLORIDA SUPREME COURT

PER CURIAM.

We grant petitioner's motion for rehearing, deny rehearing en banc and/or certification to the Florida Supreme Court, withdraw our prior opinion, and substitute the following in its place.

Novartis Pharmaceuticals Corporation has filed this petition for writ of mandamus and certiorari following a Broward Circuit Court order which denied...

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