MARTHA GARDNER, APPELLANT,
v.
ANTHONY NIOSO, M.D.; BAPTIST PRIMARY CARE, INC.; GORDON POLLEY, M.D.; NORTH FLORIDA SURGEONS, P.A.; AND JACKSONVILLE NEUROLOGICAL CLINIC, P.A., APPELLEES

Fla. 1st DCA | 2010-04-09
No. 1D09-4767
KAHN, DAVIS, and THOMAS, JJ., concur.
31 So. 3d 950 Florida District Court of Appeal, First District (2010) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. Gainesville Health Care Ctr., Inc. v. Weston, 857 So.2d 278 (Fla. 1st DCA 2003).

KAHN, DAVIS, and THOMAS, JJ., concur.


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  • Gardner v. Anthony Nioso, M.D., 108 So. 3d 1122 (Fla. 1st DCA 2013)
    …dy had been sought.”). For the reasons explained below, we grant the writ. The lower tribunal dismissed the aforementioned action as to Appellees based on an arbitration agreement, and this court affirmed that dismissal in Gardner v. Nioso, et al., 31 So. 3d 950, 951 (Fla. 1st DCA 2010). This court’s mandate issued on April 9, 2010. Despite the dismissal of the circuit court malpractice action, Appellant filed a motion to set aside the arbitration award or, alternatively, to stay in both the dismissed malp…

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