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EMED URGENT AND PRIMARY CARE v. RIVAS

No. 1D21-2463.

335 So.3d 766 (2022)

EMED URGENT AND PRIMARY CARE, P.A. d/b/a Emed Multispecialty Group, P.A., Rene U. Pulido, M.D., Juan D. Pulido, M.D., and Jessica Gomez, ARNP, Petitioners, v. Barbara RIVAS, Surviving Spouse, and as Personal Representative of the Estate of Jose Rivas, Deceased, David Smith Owens, M.D., Radiology Consultation Services, P.C., National Radiology Solutions Group, PLLC, National Radiology Solutions, LLC, Elite Imaging, LLC and Akumin Corp., Respondents.

District Court of Appeal of Florida, First District.

March 9, 2022.

Attorney(s) appearing for the Case

Clemente J. Inclan and Jennifer L. Reiber of Saalfield Shad, P.A., Jacksonville, for Petitioners.

Gregory S. d'Incelli and Philip Freidin of Freidin Brown, P.A., Miami; and Kimberly L. Boldt and Ryan C. Tyler of Ratzan, Weissman & Boldt, Boca Raton, for Respondents Barbara Rivas and the Estate of Jose Rivas.

Jeptha Barbour and Michael Manning of Marks Gray, P.A., Jacksonville, for Respondents National Radiology Solutions, Group, PLLC, Akumin Corp., Akumin, Elite Imaging, LLC d/b/a Akumin and Elite Imaging Arlington.

Jason B. Vrbensky and Benjamin L. Bedard of Roberts, Reynolds, Bedard & Tuzzio, PLLC, West Palm Beach, for Respondent David Owens.

To obtain relief by certiorari, "[t]he petitioning party must demonstrate that the contested order constitutes `(1) a departure from the essential requirements of the law, (2) resulting in material injury for the remainder of the case (3) that cannot be corrected on postjudgment appeal.'" Bd. of Trs. of Internal Improvement Tr. Fund v. Am...

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