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ACKEN v. NORTHUP

No. 2D02-1166.

827 So.2d 1070 (2002)

Herbert W. ACKEN, M.D., P.A., Petitioner, v. Leonard NORTHUP, as Personal Representative of the Estate of Mary Helen Northup, deceased, Respondent.

District Court of Appeal of Florida, Second District.

October 11, 2002.

Attorney(s) appearing for the Case

Richard E. Ramsey of Wicker, Smith, O'Hara, McCoy, Graham & Ford, P.A., Orlando, for Petitioner.

Scott M. Whitley of Morgan, Colling and Gilbert, P.A., Tampa, for Respondent.

FULMER, Judge.

Herbert W. Acken, M.D., P.A. ("Dr. Acken") petitions for a writ of certiorari challenging the trial court's discovery order. The underlying suit is an action for medical malpractice filed by Mr. Northup alleging that Dr. Acken's failure to diagnose a cancerous tumor was causally related to Mrs. Northup's death. Mr. Northup served a witness and exhibit list in November 2000. Among the witnesses disclosed was Mr. Northup's expert, Dr. Michael Dillon....

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