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RAMOS v. PREFERRED MEDICAL PLAN, INC.

No. 3D02-1392.

842 So.2d 1006 (2003)

Angel R. RAMOS and Celina R. Ramos, individually and for an on behalf of their son, Angel Ramos, Jr., a minor, Appellants, v. PREFERRED MEDICAL PLAN, INC., Appellee.

District Court of Appeal of Florida, Third District.

April 16, 2003.

Attorney(s) appearing for the Case

Podhurst, Orsek, Josefsberg, Eaton, Meadow, Olin & Perwin and Joel Perwin, Miami, for appellants.

Carlton Fields and Robert E. Biasotti, St. Petersburg, for appellee.

Before SCHWARTZ, C.J., and COPE and WELLS, JJ.

COPE, J.

Angel and Celina Ramos appeal an adverse summary judgment in a medical malpractice case. We conclude that there are disputed issues of material fact on the issue of apparent agency, and remand for further proceedings.

I.

Plaintiffs-appellants Angel and Celina Ramos are members of Preferred Medical Plan, Inc., a health maintenance organization ("HMO"). Preferred enters into contracts with physicians to provide medical services to its members...

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