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LOWER KEYS MEDICAL CENTER v. WINDISCH

No. 3D09-3082.

29 So.3d 351 (2010)

LOWER KEYS MEDICAL CENTER, Petitioner, v. Jennifer WINDISCH, et al., Respondents.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 19, 2010.

Attorney(s) appearing for the Case

Wicker, Smith, O'Hara, McCoy & Ford, P.A. and Michael R. D'Lugo, Key West, for petitioner.

Ratzan & Rubio, P.A. and Stuart N. Ratzan, Miami; Falk, Waas, Hernandez, Cortina, Solomon & Bonner, P.A. and Scott Mendlestein, Coral Gables; Lubell & Rosen, P.A. and Julie M. Ingle; and Restani, Dittmar & Hauser, P.A. and Patricia I. Murray, Coral Gables, for respondents.

Before WELLS and SHEPHERD, JJ., and SCHWARTZ, Senior Judge.

SCHWARTZ, Senior Judge.

The petitioner's position in this case is directly contrary to Florida Hospital Waterman, Inc. v. Buster, 984 So.2d 478 (Fla.2008), and each of the other District Courts of Appeal. See West Fla. Reg'l Med. Ctr., Inc. v. See, 18 So.3d 676 (Fla. 1st DCA 2009); Lakeland Reg'l Med. Ctr. v. Neely, 8 So.3d 1268 (Fla. 2d...

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