JONI MACRI, NICODEMO (NIC) MACRI, and the ESTATE OF JENA MACRI, deceased v. CLEMENTS AND ASHMORE, P.A. d/b/a NORTH FLORIDA WOMEN'S CARE, DAVID O'BRYAN, M.D., RACHEL DEPART, CNM

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JONI MACRI, NICODEMO (NIC) MACRI, and the ESTATE OF JENA MACRI, deceased, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellants, v. CASE NO. 1D06-3318 CLEMENTS AND ASHMORE, P.A. d/b/a NORTH FLORIDA WOMEN S CARE, DAVID O BRYAN, M.D., RACHEL DEPART, CNM, Appellees. ___________________________/ Opinion filed November 3, 2006. An appeal from the Circuit Court for Leon County. Janet E. Ferris, Judge. Donald M. Hinkle of Hinkle & Foran, Tallahassee, for Appellants. Rogelio J. Fontela of Dennis Bowman Jackson Martin & Fontela, Tallahassee, for Appellees Clements and Ashmore, P.A. d/b/a North Florida Women s Care and David O Bryan, M.D.; Douglas P. Jones and Harold R. Mardenborough, Jr., of Carr Allison Firm, Tallahassee, for Appellee Rachel Depart, CNM; Wilbur E. Brewton of Roetzel & Andress, L.P.A., Tallahassee, for Florida Birth-Related Neurological Injury Compensation Association. PER CURIAM. Upon consideration of the parties responses to the Court s orders of July 12, 2006, and August 2, 2006, the Court has determined that this appeal was prematurely filed. Accordingly, the appeal is hereby dismissed for lack of jurisdiction. KAHN, WEBSTER, and VAN NORTWICK, JJ., CONCUR. 2

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