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NME PROPERTIES, INC. v. McCULLOUGH

No. 91-01925.

590 So.2d 439 (1991)

NME PROPERTIES, INC., d/b/a East Manor Medical Care Center, Petitioner, v. Theresa E. McCULLOUGH, Respondent.

District Court of Appeal of Florida, Second District.

September 13, 1991.

Attorney(s) appearing for the Case

Thomas Saieva of Saieva & Walsh, P.A., Tampa, for petitioner.

David S. Maglich of Fergeson, Skipper, Shaw, Keyser, Baron & Tirabassi, P.A., Sarasota, for respondent.

ALTENBERND, Judge.

The defendant, NME Properties, Inc., d/b/a East Manor Medical Care Center (East Manor), seeks a writ of certiorari requiring the plaintiff, Theresa E. McCullough, to comply with the presuit conditions of chapter 766 before proceeding with this lawsuit. We deny the writ because East Manor is a nursing home and is not itself a "health care provider" for purposes of section 766.106, Florida Statutes (1989). The plaintiff's complaint does not allege...

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