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SOUTHERN BAPTIST HOSP. OF FLORIDA v. ASHE

No. 1D06-3202.

948 So.2d 889 (2007)

SOUTHERN BAPTIST HOSPITAL OF FLORIDA, INC., Petitioner, v. Ronald E. ASHE, as personal representative for the Estate of Dara Leigh Ashe, Respondent.

District Court of Appeal of Florida, First District.

February 8, 2007.

Attorney(s) appearing for the Case

Harvey L. Jay, III, and Travase L. Erickson of Saalfield, Shad, Jay, Lucas & Stokes, P.A., Jacksonville, for Petitioner.

Kenneth B. Wright of Bledsoe, Jacobson, Schmidt & Wright, Jacksonville, for Respondent.

KAHN, J.

By petition for writ of certiorari, Southern Baptist Hospital of Florida argues the trial judge departed from the essential requirements of law when he found respondent's cause of action did not sound in medical malpractice, but instead in ordinary negligence, thus eliminating the necessity that respondent comply with the presuit requirements of chapter 766. See § 766.106(2), Fla. Stat. (2003) (requiring plaintiffs in medical malpractice suits...

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