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WHITEHEAD v. SMITH

No. 2D09-3372.

23 So.3d 1281 (2010)

Keith Daniel WHITEHEAD, M.D., Francine McCain, M.D., and Tampa Bay Women's Healthcare Alliance, LLP, Petitioners, v. Linda SMITH and John Smith, her husband, Respondents.

District Court of Appeal of Florida, Second District.

January 6, 2010.

Attorney(s) appearing for the Case

Mark Hicks, Dinah Stein and Michael S. Hirschkowitz of Hicks, Porter, Ebenfeld & Stein, P.A., Miami, for Petitioners.

Stuart C. Markman and Kristin A. Norse of Kynes, Markman & Felman, P.A., Tampa, for Respondents.

PER CURIAM.

Denied.

WHATLEY and WALLACE, JJ., Concur.

LaROSE, J., Concurs specially.

LaROSE, Judge, Specially concurring.

I fully concur that the petition for writ of certiorari must be denied.1 I write to explain my view that the petitioners did not have an unfettered right to choose a particular arbitrator. The parties' arbitration agreement demanded that a panel of three neutral arbitrators decide the...

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