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ARCHIVE AMERICA, INC. v. VARIETY CHILDREN'S HOSP.

Nos. 3D03-2531, 3D03-2574.

873 So.2d 359 (2004)

ARCHIVE AMERICA, INC., a Florida Corporation, Appellant/Cross-Appellee, v. VARIETY CHILDREN'S HOSPITAL d/b/a Miami Children's Hospital, a Florida not for profit corporation, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Third District.

March 24, 2004.

Attorney(s) appearing for the Case

Ruden, McClosky, Smith, Schuster & Russell and John H. Pelzer (Fort Lauderdale), for Archive America, Inc.

Broad & Cassel and Karen L. Stetson, Miami, for Variety Children's Hospital d/b/a Miami Children's Hospital.

Before SCHWARTZ, C.J., and GREEN, J., and BARKDULL, THOMAS H., JR., Senior Judge.

SCHWARTZ, Chief Judge.

Archive America, Inc. owns a large warehouse which stored literally tons of patients' medical records kept by Miami Children's Hospital. After a dispute arose between the two, the hospital sought to move the records to a competitor of Archive, and Archive, in turn, sued the hospital to recover damages for breach of contract and for the warehousing charges involved. In these proceedings, both sides challenge a non-final order in which the trial...

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