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Blossom COHEN and Abraham Cohen, her husband, Petitioners, v. HUMANA MEDICAL PLANS, INC., a corporation authorized to do business in Florida, Mark Freeman, M.D., Mark Freeman, M.D., P.A., Raphael Rodriguez, M.D., P.A., and Family Medical Center, Inc., Respondents.

PER CURIAM.

The petition for writ of mandamus is denied. Cohen v. Freeman, 914 So.2d 449 (Fla. 4th DCA 2005), does not preclude the trial court from conducting an evidentiary hearing on the nature and extent of the settlement agreement and its terms. The opinion rejects Dr. Freeman's claim that he had the right to control the malpractice litigation.

SHAHOOD, GROSS and TAYLOR, JJ., concur.

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COHEN v. HUMANA MEDICAL PLANS, INC
(Mar 22, 2006)