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HOWELL v. BALCHUNAS

No. 1D19-288.

284 So.3d 1180 (2019)

David A. HOWELL and N.H., his minor son, through his father and next friend, David A. Howell, Appellants, v. William BALCHUNAS, M.D., Pensacola Radiology Consultants, P.A., d/b/a Pensacola Radiology Consultants and Sacred Heart Health System, Inc. d/b/a Sacred Heart Hospital-Pensacola, Appellees.

District Court of Appeal of Florida, First District.

December 17, 2019.

Attorney(s) appearing for the Case

Gary W. Roberts and Fred Cohen, M.D. , of Gary Roberts & Associates, P.A., West Palm Beach; Tracy S. Carlin and Celene H. Humphries of Brannock & Humphries, Tampa, for Appellants.

Joseph A. Wilson of Wilson, Harrell, Farrington, Ford, Wilson, Spain & Parsons, P.A., Pensacola, for Appellees.

Appellants, David Howell and N.H., his minor son, appeal the trial court's order dismissing with prejudice their medical malpractice case against Appellee, Sacred Heart Health System, Inc. Appellants argue that the order should be reversed because Appellee waived the issue of their alleged failure to comply with the presuit requirements of...

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