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SOUTHERN BAPTIST HOSP. OF FLA. v. JOHNSTON

No. 1D12-2658.

112 So.3d 787 (2013)

SOUTHERN BAPTIST HOSPITAL OF FLORIDA, INC., d/b/a Baptist Medical Center, Appellant, v. Michelle and Chris JOHNSTON, as parents and natural guardians of Emma Johnston, a minor, and Florida Birth-Related Neurological Injury Compensation Association, Appellees.

District Court of Appeal of Florida, First District.

May 17, 2013.

Attorney(s) appearing for the Case

Susan L. Kelsey of Kelsey Appellate Law Firm, P.A., Tallahassee; William E. Kuntz , Earl E. Googe, Jr. , and Megan R. Heiden of Smith Hulsey & Busey, Jacksonville, for Appellant.

Ronald S. Gilbert of Colling, Gilbert, Wright & Carter, LLC, Orlando; Rebecca Bowen Creed of Creed & Gowdy, P.A., Jacksonville, for Michelle and Chris Johnston; J. Stephen Menton and Stephen A. Ecenia of Rutledge Ecenia, P.A., Tallahassee; Michael A. Kundid and Theodore R. Doran of Doran, Sims, Wolfe & Kundid, Daytona Beach, for Florida Birth-Related Neurological Injury Compensation Association.

ON MOTION FOR REHEARING AND FOR WRITTEN OPINION

PER CURIAM.

We deny Appellant's motion for rehearing and request for written opinion, but we sua sponte withdraw our previous per curiam opinion dated March 19, 2013, and substitute the following in its place.

AFFIRMED.

LEWIS and THOMAS, JJ., concur.

MAKAR, J., Specially Concurring.

MAKAR, J., specially concurring.

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