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GUTIERREZ v. McDOWELL

No. 5D06-2194.

948 So.2d 968 (2007)

Jose GUTIERREZ, Appellant, v. Cheryl McDOWELL, Appellee.

District Court of Appeal of Florida, Fifth District.

February 16, 2007.

Attorney(s) appearing for the Case

Alberto E. Lugo-Janer, Kissimmee, for Appellant.

Frank T. Allen, of The Allen Firm, P.A., Orlando, for Appellee.

PER CURIAM.

AFFIRMED. See Ingersoll v. Hoffman, 589 So.2d 223 (Fla.1991) (holding that healthcare provider's failure to timely raise issue of patients' failure to provide statutory pre-litigation notice of intent to file medical malpractice action constituted waiver of issue).

PALMER, ORFINGER and MONACO...

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