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D'ANGELO v. FITZMAURICE

Nos. SC03-33, SC03-97.

863 So.2d 311 (2003)

Philip C. D'ANGELO, M.D., et al., Petitioners, v. John J. FITZMAURICE, et al., Respondents. John J. Fitzmaurice, et al., Petitioners, v. Philip C. D'Angelo, M.D., et al., Respondents.

Supreme Court of Florida.

November 26, 2003.

Attorney(s) appearing for the Case

Esther E. Galicia of George, Hartz, Lundeen, Fulmer, Johnstone, King & Stevens, Fort Lauderdale, FL, for Petitioners/Respondents.

Wagner, Vaughan & McLaughlin, P.A., Tampa, FL; and Joel D. Eaton of Podhurst Orseck, P.A., Miami, FL, for Respondents/Petitioners.

Wendy F. Lumish, Alina Alonso, and Cristina Alonso of Carlton Fields, P.A., Miami, FL, for Florida Defense Lawyers Association, Amicus Curiae.

BELL, J.

We have for review a decision of the Second District Court of Appeal in which that court certified the following question as one of great public importance:

IS IT APPROPRIATE TO SET OFF AGAINST THE DAMAGES PORTION OF AN AWARD AGAINST ONE TORTFEASOR IN A MEDICAL MALPRACTICE ACTION THE AMOUNT RECOVERED FROM SETTLEMENT FROM ANOTHER FOR THE SAME INCIDENT CAUSING THE INJURY WHERE THE SETTLING ALLEGED TORTFEASOR...

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