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ALTERRA HEALTHCARE CORPORATION v. ESTATE OF SHELLEY

No. SC01-709.

827 So.2d 936 (2002)

ALTERRA HEALTHCARE CORPORATION, etc., et al., Petitioners, v. ESTATE OF Francis SHELLEY, etc., Respondent.

Supreme Court of Florida.

September 12, 2002.

Attorney(s) appearing for the Case

Marie A. Borland and Donna J. Fudge of Hill, Ward & Henderson, P.A., Tampa, FL, for Petitioners.

Camille Godwin and Kenneth L. Connor of Wilkes & McHugh, P.A., Tallahassee, FL, for Respondent.

Scott Mager and Gary S. Gaffney of Mager & Associates, P.A., Fort Lauderdale, Florida; and Quintairos, McCumber, Prieto & Wood, P.A., Miami, FL, for Beverly Enterprises-Florida, Inc., Amicus Curiae.

LEWIS, J.

We have for review Alterra Health Care Corp. v. Estate of Shelley, 779 So.2d 635 (Fla. 1st DCA 2001), which expressly and directly conflicts with the opinion in Beverly Enterprises-Florida, Inc. v. Deutsch, 765 So.2d 778 (Fla. 5th DCA 2000). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

MATERIAL FACTS

The executor of the Estate of...

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