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JACKSONVILLE HEART CENTER v. DISTADIO

No. 4D02-1006.

828 So.2d 394 (2002)

JACKSONVILLE HEART CENTER, P.A., Appellant, v. George DISTADIO, III, as Personal Representative of the Estate of George Distadio, Jr., Deceased, Appellee.

District Court of Appeal of Florida, Fourth District.

September 11, 2002.

Attorney(s) appearing for the Case

Jeptha F. Barbour and Susan K. Curtis of Marks Gray, P.A., Jacksonville, for appellant.

Elaine J. LaFlamme and Scott A. Mager of Mager & Associates, P.A., Fort Lauderdale, and George Fernandez of Alvarez & Fernandez, P.L., Coral Gables, for appellee.

PER CURIAM.

Appellant appeals an order denying its motion to dismiss for improper venue, claiming that venue is proper in Duval County where the complaint alleges appellant's physicians negligently prescribed the drug viagra to appellee's decedent. However, the record reveals the decedent ingested the drug in Broward County which caused his cardiac arrest and death. As the injury first occurred in Broward County, venue was proper there. See Wincor v. Cedars HealthCare...

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