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CURTIN v. DELUCA

No. 4D03-2744.

886 So.2d 298 (2004)

Theresa CURTIN and Raymond Curtin, her husband, Appellants, v. Helena A. DELUCA, D.M.D. and Helena A. Deluca, D.M.D., P.A., a Florida professional association, Appellees.

District Court of Appeal of Florida, Fourth District.

November 10, 2004.

Attorney(s) appearing for the Case

Sharon M. Sabel, Fort Lauderdale, for appellants.

Susan S. Oosting, Gary Shendell and Andrew Marchese of Marshall, Dennehey, Warner, Coleman & Goggin, Fort Lauderdale, for appellees.

HAZOURI, J.

Theresa and Raymond Curtin (Plaintiffs) filed suit against Helena A. Deluca, D.M.D. and Helena A. Deluca, D.M.D., P.A., a Florida professional association (Defendants) alleging negligence. Defendants denied the allegations and the case proceeded through discovery. In February 2003, Defendants filed a Motion to Dismiss for Lack of Prosecution. The trial court granted the motion and dismissed the case. A Final Judgment was entered in favor of Defendants...

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