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COOK v. LICHTBLAU

No. 4515.

176 So.2d 523 (1965)

David COOK, a minor, by his mother and next friend, Alean Cook, and Alean Cook, individually, Appellants, v. Phillip O. LICHTBLAU and Thomas E. Daly, Appellees.

District Court of Appeal of Florida. Second District.

Rehearing Denied July 20, 1965.

Attorney(s) appearing for the Case

Rupert Jasen Smith, Fort Pierce, for appellants.

Fowler, White, Gillen, Humkey & Trenam, Miami, for appellees.

SMITH, Chief Judge.

The plaintiffs appeal an order dismissing with prejudice their action seeking damages for alleged medical malpractice. We previously reversed a summary final judgment for the defendant-doctors because the affidavit of a Miami physician raised a genuine issue of material fact on the issue of negligence. Cook v. Lichtblau, Fla.App. 1962, 144 So.2d 312. Although subpoenaed by the plaintiffs, the Miami physician...

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