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BENNETT v. TENET ST. MARY'S, INC.

No. 4D09-2725.

67 So.3d 422 (2011)

Shawn BENNETT, Jr., a minor, by and through his Natural Parents and Guardians, Shawn BENNETT, Sr. and Samantha Bryant-Bennett, Appellant, v. TENET ST. MARY'S, INC. d/b/a St. Mary's Medical Center, Lee Benaroch, M.D., Palm Beach Gardens Community Hospital, Inc. d/b/a Palm Beach Gardens Medical Center, and Brian Kaplan, Appellees.

District Court of Appeal of Florida, Fourth District.

August 10, 2011.

Attorney(s) appearing for the Case

Andrew A. Harris of Burlington & Rockenbach, P.A., West Palm Beach, and David K. Kelley, Jr. of Searcy Denney Scarola Barnhart & Shipley, P.A., West Palm Beach, for appellant.

Michael K. Mittelmark and K. Calvin Asrani of Michaud, Mittelmark, Marowitz & Asrani, P.A., Boca Raton, for Appellee-Tenet St. Mary's Inc. d/b/a St. Mary's Medical Center, Donna M. Krusbe of Billing, Cochran, Lyles, Mauro & Ramsey, P.A., West Palm Beach, for Appellee-Palm Beach Gardens Medical Center, James L. White, III of Bobo, Ciotoli, Bocchino, White, Buigas & Corsini, P.A., North Palm Beach, for Appellee-Brian Kaplan, M.D., and Geoffrey B. Marks of Billbrough & Marks, P.A., Coral Gables, for Appellee-Lee Benaroch, M.D., for appellee.

TAYLOR, J.

Plaintiff, Shawn Bennett, Jr., by and through his parents, Shawn Bennett, Sr. and Samantha Bryant-Bennett, appeals the trial court's order denying his motion for relief from summary judgment entered in favor of Brian Kaplan, M.D. and Palm Beach Gardens Medical Center. Finding no abuse of discretion in the trial court's determination that plaintiff failed to demonstrate entitlement to relief under Florida Rule of Civil Procedure 1.540(b)(1), we affirm that...

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