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LEON MEDICAL CENTERS, INC. v. MARTELL

Nos. 3D07-96, 3D06-3099.

972 So.2d 1103 (2008)

LEON MEDICAL CENTERS, INC., d/b/a Leon Medical Centers, a Florida not for profit corporation; Dr. Ricardo F. Martinez, M.D., and Ricardo F. Martinez, M.D., P.A., Appellants, v. Estela MARTELL, as Personal Representative of the Estate of George Martell, deceased, Appellee.

District Court of Appeal of Florida, Third District.

January 30, 2008.

Attorney(s) appearing for the Case

Carlton Fields, and Henry G. Gyden, Tampa; Romaguera, Baker, Dawson & Bringardner and Erica S. Grossman, Palm Beach Gardens, for appellants.

Samuel M. Spatzer, Coral Gables; Ginsberg & Schwartz, and Arnold R. Ginsberg, Miami, for appellee.

Before COPE and WELLS, JJ., and FLETCHER, Senior Judge.

COPE, J.

Leon Medical Centers, Inc., Dr. Ricardo Martinez, and Dr. Ricardo Martinez, P.A. ("defendants"), appeal an order compelling arbitration. They contend that the trial court compelled arbitration under the incorrect statute. We agree and reverse.

Estela Martell, as Personal Representative of George Martell. ("plaintiff"), filed a notice of intent to initiate a medical negligence claim against the defendants for the wrongful death of George Martell. ...

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