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Juarbe v. Gomez

District Court of Appeal of Florida, Fourth District
May 17, 2000
762 So. 2d 534 (Fla. Dist. Ct. App. 2000)

Opinion

No. 4D99-1447

Opinion filed May 17, 2000

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Charles M. Greene, Judge; L.T. No. 92-21523 (12).

Arnold R. Ginsberg of Ginsberg Schwartz, Miami, and Sheldon J. Schlesinger, P.A., Fort Lauderdale, for appellants.

Mercer K. Clarke, Spencer H. Silverglate and Hannesson I. Murphy of Clarke Silverglate Williams Montgomery, Miami, for appellees.


In this medical malpractice action, we agree with the trial court that the specialty involved in this case is cytopathology. Therefore, we conclude that the trial court did not abuse its discretion in striking the plaintiff's expert, as he did not meet the definition of a "similar health care provider" within the meaning of section 766.102(2)(a), (b), or (c), Florida Statutes (1999). As to the remaining issue, we also agree with the trial court that the evidence did not raise a material issue of fact as to causation. See Gooding v. University Hosp. Bldg., Inc., 445 So.2d 1015, 1020 (Fla. 1984). The final summary judgment is therefore affirmed.

WARNER, C.J., STONE, J., and GLICKSTEIN, HUGH S., Senior Judge, concur.


Summaries of

Juarbe v. Gomez

District Court of Appeal of Florida, Fourth District
May 17, 2000
762 So. 2d 534 (Fla. Dist. Ct. App. 2000)
Case details for

Juarbe v. Gomez

Case Details

Full title:JOSE JUARBE, as Personal Representative of the Estate of DAWN JUARBE…

Court:District Court of Appeal of Florida, Fourth District

Date published: May 17, 2000

Citations

762 So. 2d 534 (Fla. Dist. Ct. App. 2000)