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LINN v. FOSSUM

No. SC05-134.

946 So.2d 1032 (2006)

Beth LINN, et al., Petitioners, v. Basil D. FOSSUM, M.D., et al., Respondents.

Supreme Court of Florida.

Rehearing Denied January 11, 2007.

Attorney(s) appearing for the Case

Major B. Harding, Martin B. Sipple and Jennifer M. Heckman of Ausley and McMullen, P.A., Tallahassee, FL, for Petitioners.

Mark Hicks and Richard A. Warren of Hicks and Kneale, P.A., Miami, FL, S. William Fuller, Jr. and William D. Horgan of Fuller, Johnson and Farrell, P.A., Tallahassee, FL, and J. Nixon Daniel of Beggs and Lane, Pensacola, FL, for Respondents.

PARIENTE, J.

We review the First District Court of Appeal's decision in Linn v. Fossum, 894 So.2d 974 (Fla. 1st DCA 2004), based on express and direct conflict with the Fourth District Court of Appeal's decision in Schwarz v. State, 695 So.2d 452 (Fla. 4th DCA 1997). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. The conflict issue is whether an expert can testify...

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