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WILLIAMS v. TANDEM HEALTH CARE OF FLORIDA

No. 1D03-1657.

899 So.2d 369 (2005)

The ESTATE OF Lucille WILLIAMS, by and through Dorothy Mae WILLIAMS, Personal Representative, Appellant, v. TANDEM HEALTH CARE OF FLORIDA, INC., Appellee.

District Court of Appeal of Florida, First District.

March 29, 2005.

Attorney(s) appearing for the Case

Jane Kreusler-Walsh and Rebecca Mercier-Vargas of Jane Kreusler-Walsh, P.A., West Palm Beach, and Melanie L. Bossie, A. Lance Reins, Susan B. Morrison, and James E. Wade, III, of Wilkes & McHugh, P.A., Tampa, for Appellant.

Thomas J. Guilday, Vikki R. Shirley, and Elizabeth G. Demme of Huey, Guilday, Tucker, Schwartz & Williams, P.A., Tallahassee, for Appellee.

ON MOTION FOR REHEARING [Original opinion at 2005 WL 94505]

ERVIN, J.

We withdraw our previous opinion issued January 19, 2005, and substitute the following. In an action brought for damages under the Nursing Home Residents' Rights Act (RRA) and the Wrongful Death Act (WDA) against Tandem Health Care of Florida, Inc. (Tandem), the Estate of Lucille Williams appeals an order granting Tandem's motion for new trial directed to the jury's return of noneconomic...

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