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DIRGA v. BUTLER

No. 1D09-3819.

39 So.3d 388 (2010)

Dora B. DIRGA, as Personal Representative of the Estate of Ethel Braun, Deceased, Appellant, v. Rex A. BUTLER, M.D., Appellee.

District Court of Appeal of Florida, First District.

June 21, 2010.

Attorney(s) appearing for the Case

C. Philip Hall, McKenzie & Hall, P.A., Pensacola, for Appellant.

Craig A. Dennis and Melanie M. Burnette, Dennis, Jackson, Martin & Fontela, P.A., Tallahassee, for Appellee.

PER CURIAM.

Ms. Dirga, as personal representative of the estate of Ethel Braun (estate), appeals the trial court's order dismissing her complaint against Dr. Butler, an Alabama-licensed physician, for failure to comply with the presuit provisions of chapter 766, Florida Statutes (2003). Because Dr. Butler is not a "health care provider" as defined in section 766.202(4), Florida Statutes, we find that he was not entitled to presuit notice under the Medical Malpractice...

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