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ABU-HAMDEH v. ROMERO-BOLUMEN

No. 3D03-3358.

889 So.2d 879 (2004)

Rime ABU-HAMDEH, as parent and natural guardian of Samah ABU-HAMDEH, a minor, Appellant, v. Ileana ROMERO-BOLUMEN, M.D., Eduardo Bolumen, M.D., and West Hialeah Pediatric Associates, P.A., Appellees.

District Court of Appeal of Florida, Third District.

December 1, 2004.

Attorney(s) appearing for the Case

Perez, Goran Rodriguez, P.A., and Javier J. Rodriguez, Coral Gables, for appellant.

Mintzer, Sarowitz, Zeris, Ledva Meyers, LLP, Coral Gables, and Lisa R. Harris, for appellee.

Before SHEVIN, WELLS and SHEPHERD, JJ.

SHEPHERD, J.

Appellant, the plaintiff below, appeals from an order dismissing her medical malpractice action with prejudice under Fla. R. Civ. P. 1.420(e). We have jurisdiction, Art. V, § 4(b)(1), and affirm with the reservation that the dismissal should have been a dismissal without prejudice.1

On April 14, 2003, the appellee/co-defendant, Dr. Ileana Romero-Bolumen, filed a motion...

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