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ESTATE OF SHARP v. OMNICARE, INC.

No. 5D03-1851.

879 So.2d 34 (2004)

ESTATE OF Edna Marie SHARP, etc., Appellant, v. OMNICARE, INC. and Badger Acquisition of Tampa, L.L.C., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 3, 2004.

Attorney(s) appearing for the Case

Susan B. Morrison and Melanie L. Bossie of Wilkes & McHugh, P.A., Tampa, for Appellant.

Troy J. Crotts and Hala A. Sandridge of Fowler White Boggs Banker, P.A., Tampa, for Appellee.

MONACO, J.

The Estate of Edna Marie Sharp appeals the dismissal with prejudice of its complaint seeking damages from a claim arising out of the provision of pharmacy services by the appellees, Omnicare, Inc., and Badger Acquisition of Tampa, L.L.C. (collectively, "Omnicare"). The trial court in dismissing the complaint with prejudice concluded that the Estate sought to establish a cause of action that went beyond that authorized by the Florida Supreme Court in

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