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IN RE ESTATE OF TROLLINGER

No. 2D08-2275.

9 So.3d 667 (2009)

In re ESTATE OF Beulah K. TROLLINGER. Betty J. Savoretti, Personal Representative, Petitioner, v. MHC/CSI Florida, Inc.; MHC Florida Holding Company; MHC Holding Company; Mariner Health Care Management Company; Mariner Health Care, Inc. f/k/a Mariner Post-Acute Network, Inc.; East Bay NC, LLC; SBK Capital, LLC; Southern Healthcare Management, LLC; Sovereign Healthcare Holdings, LLC; Sovereign Healthcare, Inc.; Samuel B. Kellett; Darrel L. Hager; Lynda K. Lovell; and Steve Batten a/k/a Stephen Batten a/k/a Stephen Craig Batten; (as to East Bay Nursing Center f/k/a Mariner Health of Clearwater), Pinellas III Healthcare, Ltd. (L.P.) f/k/a Pinellas III Healthcare, Ltd.; SBK of Georgia, LLC; Sak, Jr. LLC; Southern Healthcare Management II, LLC; William J. Krystopowicz; and John Noterman; (as to East Bay Nursing Center f/k/a Mariner Health of Clearwater), Respondents.

District Court of Appeal of Florida, Second District.

April 8, 2009.

Attorney(s) appearing for the Case

Isaac R. Ruiz-Carus and Blair N. Mendes of Wilkes & McHugh, P.A., Tampa, and Susan B. Morrison of Law Offices of Susan B. Morrison, P.A., Tampa, for Petitioner.

Michael R. D'Lugo of Wicker, Smith, O'Hara, McCoy & Ford, P.A., Orlando, for Respondents, East Bay NC, LLC; SBK Capital, LLC; Southern Healthcare Management, LLC; Sovereign Healthcare Holdings, LLC; Sovereign Healthcare, Inc.; Samuel B. Kellett; Darrel L. Hager; Lynda K. Lovell; and Steve Batten a/k/a Stephen Batten a/k/a Stephen Craig Batten; (as to East Bay Nursing Center f/k/a Mariner Health of Clearwater).

FULMER, Judge.

Betty J. Savoretti, personal representative of the Estate of Beulah K. Trollinger, sued the owners and operators of East Bay Nursing Center, where Ms. Trollinger resided prior to her death. The complaint sought both survival and wrongful death damages. The trial court granted the Defendants' Motions to Dismiss on the basis of section 400.023(1), Florida Statutes (2005), which provides: "If the action alleges a claim for the resident's rights or for...

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