LUCANTE v. KYKER

No. 1D12-3869.

122 So.3d 407 (2013)

Jerry LUCANTE, Individually and as Personal Representative of the Estate of Marilyn Lucante, Deceased, Appellant, v. James S. KYKER, M.D.; Brian J. Roake, M.D.; and Panhandle Anesthesiologists, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied October 3, 2013.


Attorney(s) appearing for the Case

Stephen H. Echsner of Aylstock, Witkin, Kreis & Overholtz, PLLC, Pensacola; and Harry Rein , Longwood, for Appellant.

John M. Fite of Barron & Redding, P.A., Panama City; Jesse F. Suber , Laura Beth Faragasso , and E. Victoria Penny of Henry, Buchanan, Hudson, Suber & Carter, Tallahassee, for Appellees.


PER CURIAM.

The appellant, Jerry Lucante, raises two issues on appeal. First, the appellant argues that its experts' affidavits fulfilled the "similar specialty" presuit compliance requirement of section 766.102(5), Florida Statutes. Second, the appellant argues that the appellees waived any issue regarding presuit compliance because the appellees failed to specifically plead these issues. Because the issue regarding waiver...

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