Legal Opinion
Wheeler v. Hajianpour
District Court of Appeal of Florida
Decided February 26, 1997No. 96-1241PublishedCited by 3 opinions
1Opinion of the Court
STEVENSON, Judge.
We have for review an order of the trial court dismissing a medical malpractice complaint with prejudice either as a sanction for failure to follow a court directive and/or because the complaint contained the identical causes of action which were already embraced in a lawsuit pending in a different division of the Broward County circuit court. For the reasons which follow, we vacate the order of dismissal with prejudice and remand the cause to the trial court for further proceedings.
The plaintiff, Edmund Wheeler, filed a medical malpractice action against the…
2Cases cited4 opinions
- State Ex Rel. Dos Anigos, Inc. v. LehmanSupreme Court of Florida · 1930
- REWJB Gas Inv. v. Land O'Sun RealtyDistrict Court of Appeal of Florida · 1994
- Whiteside v. WhitesideDistrict Court of Appeal of Florida · 1985
- Epps v. HartleyDistrict Court of Appeal of Florida · 1986
3Cited by3 opinions
- Deutsche Bank National Trust Co. ex rel. Harbor View Mortgage Trust 2006-9 Trust Fund v. LGCDistrict Court of Appeal of Florida · 2013
- Queen v. Adams Mark HotelDistrict Court of Appeal of Florida · 1999
- Ashley v. GerstenDistrict Court of Appeal of Florida · 1997