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FLORIDA CONVALESCENT CENTERS v. SOMBERG

No. SC01-731.

840 So.2d 998 (2003)

FLORIDA CONVALESCENT CENTERS, etc. Petitioner, v. Reed SOMBERG, etc., Respondent.

Supreme Court of Florida.

February 6, 2003.

Attorney(s) appearing for the Case

Louise H. McMurray and Carmen Y. Cartaya of McIntosh, Sawran, Peltz, & Cartaya, P.A., Miami, FL, for Petitioner.

Douglas F. Eaton of Sheftall & Torres, P.A., Miami, FL, for Respondent.

Joel S. Perwin of Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami, FL, for the Academy of Florida Trial Lawyers, Amicus Curiae.

Jane Kreusler-Walsh and Rebecca J. Mercier-Vargas of Jane Kreusler Walsh, P.A., West Palm Beach, FL, for the Coalition to Protect America's Elders, Amicus Curiae.

PER CURIAM.

We have for review the decision in Somberg v. Florida Convalescent Centers, Inc., 779 So.2d 667 (Fla. 3d DCA 2001), in which the Third District Court of Appeal certified conflict with the decision in First Healthcare Corp. v. Hamilton, 740 So.2d 1189 (Fla. 4th DCA 1999). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. We approve the decision in

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