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OUELLETTE v. PATEL

No. 2D06-3397.

967 So.2d 1078 (2007)

Doreen OUELLETTE, as Personal Representative of the Estate of Lewellyn Ouellette, deceased, Appellant, v. Bhasker J. PATEL, M.D., Appellee.

District Court of Appeal of Florida, Second District.

November 9, 2007.

Attorney(s) appearing for the Case

Jawdet I. Rubaii and Jack F. White, III, of Jawdet I. Rubaii, P.A., Clearwater, for Appellant.

Mindy McLaughlin, Judith W. Simmons, and Gabrielle S. Osborne of Burton, Schulte, Weekley, McLaughlin & Beytin, P.A., Tampa, for Appellee.

WALLACE, Judge.

Doreen Ouellette, as Personal Representative of the Estate of Lewellyn Ouellette, deceased, appeals a final summary judgment that terminated her medical malpractice action against Bhasker J. Patel, M.D. Because the circuit court erroneously failed to consider the expert witness affidavit that Mrs. Ouellette filed in opposition to Dr. Patel's motion for summary judgment, we reverse the summary final judgment and remand for further proceedings.

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