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HOLDEN v. BOBER

No. 2D09-4112.

39 So.3d 396 (2010)

Michael HOLDEN, Petitioner, v. Donna Schutzman BOBER, M.D., Emcare of Florida, Inc., Qin Gu, M.D., David W. Malka, M.D., P.A., d/b/a The Malka Institute of Neuroscience & Disease, and Morton Plant Hospital Association, Inc., d/b/a Morton Plant North Bay Hospital, Respondents.

District Court of Appeal of Florida, Second District.

June 23, 2010.

Attorney(s) appearing for the Case

David D. Dickey of The Yerrid Law Firm, P.A., Tampa, and Brett Alan Geer of The Geer Law Firm, L.C., Tampa, for Petitioner.

Mark E. McLaughlin and Nancy S. Paikoff of MacFarlane Ferguson & McMullen, Tampa, for Respondents Qin Gu, M.D., and David W. Malka, M.D., P.A., d/b/a The Malka Institute of Neuroscience & Disease.

No appearance for Respondents Donna Schutzman Bober, M.D.; Emcare of Florida, Inc.; Morton Plant Hospital Association, Inc., d/b/a Morton Plant North Bay Hospital.

CRENSHAW, Judge.

Michael Holden petitions the court for certiorari review of the circuit court's order granting Dr. Qin Gu and Dr. David Malka, d/b/a The Malka Institute of Neurosciences and Disease's ("the Malka Institute") motion to dismiss. Though the circuit court's nonfinal order acted to dismiss the complaint against Dr. Gu and the Malka Institute without prejudice, the order effectively became a final order dismissing the case with prejudice due to the passage...

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