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HOELTZELL v. ERENSTOFT

No. 4D07-4186.

985 So.2d 636 (2008)

Perry B. HOELTZELL, M.D., P.A., and Perry B. Hoeltzell, M.D., individually, Appellants, v. Marie ERENSTOFT, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 6, 2008.

Attorney(s) appearing for the Case

Roberta G. Mandel of Stephens, Lynn, Klein, Lacava, Hoffman & Puya, P.A., Miami, for appellants.

Julie H. Littky-Rubin of Lytal, Reiter, Clark, Fountain & Williams, LLP, West Palm Beach, for appellee.

KLEIN, J.

We affirm the order granting the motion of the plaintiff in this medical malpractice case to strike the physician's pleadings for failing to comply with the presuit provisions of section 766.206, Florida Statutes (2007). It is undisputed that the physician violated section 766.206(3) in that he did not, in his pro se response to the claim, include an affidavit of an expert witness. In addition, the trial court...

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