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HOLMES REGIONAL MEDICAL CENTER, INC. v. WIRTH

No. 5D10-423.

49 So.3d 802 (2010)

HOLMES REGIONAL MEDICAL CENTER, INC., Petitioner, v. David WIRTH and Renee Wirth, Respondents.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 22, 2010.

Attorney(s) appearing for the Case

David O. Doyle, Jr. , Adam M. Pastis , and Charles T. Wells of Gray Robinson, P.A., Orlando, for Petitioner.

Barbara A. Eagan of Eagan Appellate Law, PLLC, Orlando, and Paul R. Linder of Griffin & Linder, P.A., Orlando for Respondents.

COHEN, J.

Holmes Regional Medical Center, Inc. (hereafter "HRMC"), petitions for a writ of certiorari, challenging an order denying its motion to dismiss the medical malpractice claim of David Wirth and Renee Wirth due to their alleged failure to comply with the pre-suit requirements of Chapter 766, Florida Statutes (2007). We deny HRMC's petition and hold that the affidavits submitted by the Wirths fulfilled the pre-suit requirements.

The complaint alleges...

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