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JOYNER v. CASCO

No. 4D03-2689.

882 So.2d 455 (2004)

William T. JOYNER, M.D., William T. Joyner, M.D., P.A., a Florida professional Corporation, and Joyner & Lichtinger, M.D., P.A., a Florida Professional Corporation, Appellants, v. Maria CASCO and Luis Casco, individually and as parents and legal guardians of Baby Jackeline Casco, a minor, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 11, 2004.

Attorney(s) appearing for the Case

Nancy W. Gregoire and Elizabeth E. Daugherty of Bunnell, Woulfe, Kirschbaum, Keller, McIntyre & Gregoire, P.A., Fort Lauderdale, for appellants.

Diane H. Tutt of Diane H. Tutt, P.A., and Bradley Winston of Winston & Clark, P.A., Plantation, for appellee.

PER CURIAM.

Appellant, Dr. William Joyner, and his corporation were defaulted for failure to answer a complaint for medical malpractice. They claim that the defaults were the result of excusable neglect. The trial court took testimony as well as read the depositions submitted for review. The main issue to resolve was whether Joyner was advised by plaintiff's attorney that he did not have to answer the complaint. Reviewing...

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