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SHANDS TEACHING HOSP. v. BEECH STREET CORP.

No. 1D01-1711.

820 So.2d 979 (2002)

SHANDS TEACHING HOSPITAL AND CLINICS, INC., Appellant, v. BEECH STREET CORPORATION and Unisys Corporation, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied July 15, 2002.

Attorney(s) appearing for the Case

Joel W. Walters of Walters, Levine, Brown, Klingensmith & Thomison, P.A., Sarasota, for Appellant.

Jerome W. Hoffman and Susan L. Kelsey, of Holland & Knight LLP, Tallahassee, for Beech Street Corporation.

David K. Miller and Maura Bolivar, of Broad and Cassel, Tallahassee, for Unisys Corporation, for Appellees.

PER CURIAM.

In this appeal from a final summary judgment, we conclude that the trial court erred in finding the action commenced below barred by the rule of preclusion. In an earlier federal action brought by appellant, Shands Teaching Hospital and Clinics, Inc., against appellees, Beech Street Corp. and Unisys Corp., the United States District Court for the Northern District of Florida found the suit barred on Eleventh Amendment grounds and determined "this suit...

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