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MERCY HOSP., INC. v. BAUMGARDNER

Nos. 3D02-3095, 3D02-2686.

870 So.2d 130 (2003)

MERCY HOSPITAL, INC., Appellant, v. Barbara BAUMGARDNER, and Ethbert Baumgardner, and Anne M. Jones Valentine, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 5, 2004.

Attorney(s) appearing for the Case

Stephens Lynn Klein Lacava Hoffman & Puya, and Marlene S. Reiss, and Robert M. Klein; Lewis Fishman, for appellant.

Podhurst Orseck Josefsberg Eaton Meadow Olin & Perwin, and Joel S. Perwin, for appellees.

William A. Bell; Parenti, Falk, Waas, Hernandez & Cortina, and Gail Leverett Parenti, for the Florida Hospital Association, as amicus curiae.

Before GERSTEN, GREEN, and FLETCHER, JJ.

GERSTEN, J.

Mercy Hospital, Inc. ("Mercy Hospital") appeals an adverse summary judgment finding the hospital liable for a staff physician's failure to comply with a financial responsibility statute. Plaintiffs Barbara and Ethbert Baumgarder and Anne Valentine (hereafter collectively referred to as "the plaintiffs"), cross-appeal the dismissal of their negligence claims against the hospital. We affirm on the main appeal and...

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