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OSBORNE v. WALZER

No. 2457, September Term, 2004.

893 A.2d 654 (2006)

167 Md. App. 460

Keith J. OSBORNE v. Clifford S. WALZER, et al.

Court of Special Appeals of Maryland.

March 1, 2006.

Attorney(s) appearing for the Case

Jonathan A. Hodgson, Annapolis, for appellant.

Stuart N. Herschfeld (Joan F. Brault, Brault Graham LLC, on brief), Rockville, for appellee.

Panel MURPHY, C.J., ADKINS and KRAUSER, JJ.

KRAUSER, J.

We are asked to decide whether Md. Code (1974, 2002 Repl.Vol.), § 3-2A-04(b) of the Courts and Judicial Proceedings Article ("CJP") requires the dismissal of a medical malpractice claim when the claimant's Certificate of Qualified Expert was filed, without an "attesting expert's" report attached. The Circuit Court for Anne Arundel County believed that it does and, although such a report was ultimately filed, dismissed the malpractice complaint of...

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