LOADHOLTZ v. ANDREWS

No. 1D02-1813.

855 So.2d 1241 (2003)

Nancy Ann LOADHOLTZ and Gene Loadholtz, Appellants, v. Robert W. ANDREWS, M.D., Appellee.

District Court of Appeal of Florida, First District.

October 14, 2003.


Attorney(s) appearing for the Case

Richard P. Warfield, Esquire, Pensacola, for Appellants.

J. Nixon Daniel, III, Esquire and Terrie L. Didier, Esquire of Beggs and Lane, Pensacola, for Appellee.


BENTON, J.

In this medical malpractice case, the plaintiffs below maintain that the trial court erred when it disposed of their claim by summary judgment on the stated grounds that their only expert witness was not qualified to testify at trial. On appeal, they argue that the ruling that their medical expert was unqualified under section 766.102, Florida Statutes (2002), was error. We agree and reverse.

The issue framed below is whether Mrs. Loadholtz consented...

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