Medical Malpractice
Results 1-8131
1-CITE: 661 So.2d 1222 PALM SPRINGS GENERAL HOSPITAL, INC., Petitioner, v. Madellyn PEREZ, Respondent.
TEXT: PER CURIAM. This is a petition for a writ of certiorari filed by the defendant Palm Springs
.... See J.B. v. Sacred Heart Hosp., 635 So.2d 945 (Fla.1994); Silva v. Southwest Fla. Blood Bank,
Inc,, 601 So.2d 1184 (Fla.1992). Certiorari denied.
2-CITE: 744 So.2d 544 James R. WELLS and his Wife, Brenda Wells, Petitioners, v. Gerard D. GRAU, M.D.,
Fort Lauderdale Plastic Surgery Center, P.A., and Sharon Sheaf Grau, Respondents.
TEXT: PER CURIAM. The petitioners, plaintiffs in a medical malpractice suit below, seek
certiorari...court still has the authority to sanction Tobkin and even refer the matter to the Bar,
as in 5500 North. STONE, STEVENSON and HAZOURI, JJ., concur.
3-CITE: 702 So.2d 254 Derek V. JHAGROO, M.D. and Derek V. Jhagroo, M.D., P.A., Appellants, v. Lloyd
SINCLAIR and Sandra Sinclair, his wife, Appellees.
TEXT: PER CURIAM. We reverse the order granting summary judgment in favor of the plaintiff in a
me...idavits *255 filed by the party opposing summary judgment are to be read liberally). REVERSED
AND REMANDED. DELL, GUNTHER and FARMER, JJ., concur.
4-CITE: 523 So.2d 1154 Glenda PECK, Petitioner, v. Joel M. MESSINA, D.O. and Sumesh Chandra, M.D.,
Respondents.
TEXT: PER CURIAM. This matter involves a petition for the issuance of a writ of certiorari to
revi...68.57(10), Fla.Stat. (1985). The petition for the issuance of a writ of certiorari is
denied. RYDER, A.C.J., CAMPBELL and THREADGILL, JJ., concur.
5-CITE: 616 So.2d 1191 Michael MAGULA, a minor, Steve Magula as Next Best Friend, and Steve Magula and
Dorothy Magula, Individually, Appellants, v. Dr. Charles INFANTE, D.D.S., North Broward Hospital
District d b a Broward General Medical Center, and Manuel Diez, M.D., Appellees.
TEXT: PER CURIAM. Appellants appeal the dismissal of their complaint which attempts to reopen a
me...er v. Parker, 585 So.2d 328 (Fla. 4th DCA 1991); Calehuff v. Calehuff, 433 So.2d 1021 (Fla. 4th
DCA 1993). ANSTEAD, HERSEY and WARNER, JJ., concur.
6-CITE: 447 So.2d 897 Neil J. KARLIN, M.D. and Florida Patient s Compensation Fund, Appellants cross
appellees, v. Donna DENSON and Joseph Denson, her husband, Appellees cross appellants.
TEXT: PER CURIAM. This appeal is based on a medical malpractice action. Appellant challenges the
t... not properly preserved for appeal; thus appellee s issue on cross-appeal need not be addressed.
AFFIRMED. LETTS, HERSHEY and WALDEN, JJ., concur.
7-CITE: 502 So.2d 22 Thomas Jason IVEY, etc., et al, Appellants, v. James L. PADGETT, Jr., et al,
Appellees.
TEXT: COWART, Justice. This is an interlocutory appeal from a non-final order which concerns
venue...rom Volusia County Putnam County and remand for further proceeding in Volusia County,
Florida. REVERSED. UPCHURCH, C.J., and ORFINGER, J., concur.
8-CITE: 568 So.2d 1273 In re AMENDMENT TO RULES OF CIVIL PROCEDURE, RULE 1.650(d)(2)
TEXT: PER CURIAM. We have before us a petition by the Civil Procedure Rules Committee of The
Flori...mendment shall become effective immediately. It is so ordered. SHAW, C.J., and OVERTON,
McDONALD, EHRLICH, BARKETT, GRIMES and KOGAN, JJ., concur.
9-CITE: 724 So.2d 1239 Gina Frances PERRY, as personal representative of the Estate of Guy C. Perry,
Appellant, v. Linda Ann SCHLUMBRECHT, M.D., Appellee. Gina Frances Perry, as personal representative
of the Estate of Guy C. Perry, Appellant, v. Quik Care of Florida, Inc., Appellee.
TEXT: BLUE, Judge. Gina Frances Perry, as personal representative of the estate of Guy C. Perry,
a...s remanded for further proceedings. Appeal number 98-00095 involving, Dr. Schlumbrecht is
dismissed. THREADGILL, A.C.J., and CASANUEVA, J., Concur.
10-CITE: 579 So.2d 214 Richard M. WHITLOCK, etc., Appellant, v. Bienvenida B. CAMBARE, et al.,
Appellees.
TEXT: COWART, Judge. The appellee doctor prevailed in a medical malpractice action in the trial
co...ida, Ch. 15-III-A p. 34 (1988). The order awarding the appellee doctor attorney s fees is
affirmed. AFFIRMED. W. SHARP and PETERSON, JJ., concur.
11-CITE: 608 So.2d 855 Aurelio MARTINEZ and Paula Martinez, his wife, Appellants, v. LIFEMARK HOSPITAL
OF FLORIDA, INC., d b a Palmetto General Hospital, Appellee.
TEXT: LEVY, Judge. Plaintiffs appeal the dismissal of their complaint, with prejudice, under the
t...m. Therefore, this entire case should be handled under the medical malpractice statute. See
Section 95.11(4)(b), Florida Statutes (1991). Affirmed.
12-CITE: 620 So.2d 249 Michael MAGULA and Steve Magula, Appellants, v. Robert L. GOSSETT and Gossett,
McDonald, Gossett & Crawford, P.A., Appellees.
TEXT: OWEN, WILLIAM C., Jr., Senior Judge Appellant, Michael Magula, suffered an adverse summary
j...serving his non-lawyer father. That seems inconsistent with their position that since Steve is a
non-lawyer he may not respond on behalf of Michael.
13-CITE: 575 So.2d 1385 John AHLE, Appellant, v. Douglas S. LYONS and Stinson, Lyons & Schutte, P.A.,
Appellees.
TEXT: PER CURIAM. Affirmed. BASKIN and LEVY, JJ., concur. FERGUSON, Judge (concurring). I
agree...efits, were misplaced. See Miller v. Allstate, 573 So.2d 24 (Fla. 3d DCA 1990) and
Continental Ins. Co. v. Herman, 576 So.2d 313 (Fla. 3d DCA 1990).
14-CITE: 677 So.2d 912 Melvin L. BORNE, Appellant, v. LAWNWOOD REGIONAL MEDICAL CENTER; Darshan Shan,
M.D.; Southern Emergency Physicians, a Florida corporation; and Edward Spievack, M.D., P.A.,
Appellees.
TEXT: FARMER, Judge. In this medical malpractice case, the trial judge dismissed the action on
the...278 (Fla.1996). REVERSED. GROSS, J., and GROSSMAN, A.J., concur. ------------ (FN1)
Fla.R.Civ.P. 1.140(b)(6) (failure to state a cause of action).
15-CITE: 638 So.2d 176 Vickie BROADWAY and husband Michael E. Broadway, Appellants, v. BAY HOSPITAL,
INC., d b a HCA Gulf Coast Hospital, Appellee.
TEXT: PER CURIAM. This cause is before us on appeal from a final order dismissing appellants
secon...e order appealed from is therefore reversed, and this cause is remanded for proceedings
consistent herewith. BOOTH, JOANOS, and MINER, JJ., concur.
16-CITE: 468 So.2d 539 Clara M. SCHERER, Appellant, v. Richard D. SCHULTZ, M.D. and Richard D. Schultz,
M.D., P.A., Enrique E. Morales, M.D. and White, Kump and Morales Medical P.A., Holy Cross Hospital,
Inc., a Florida corporation, and Florida Patient s Compensation Fund, Appellees.
TEXT: DELL, Judge. Appellant filed a medical malpractice action against appellee Enrique E.
Morale...e to sustain summary judgment and reverse and remand this case for further proceedings.
REVERSED and REMANDED. HERSEY and GLICKSTEIN, JJ., concur.
17-CITE: 731 So.2d 95 Kevin O HANRAHAN, Appellant, v. Michael W. MOORE, et al., Appellees.
TEXT: SHAHOOD, J. Pro se incarcerated appellant, Kevin O Hanrahan, filed a Petition for
Profession...etition against one or more of the named defendants. Affirmed in part; reversed and
remanded in part with directions. DELL and GROSS, JJ., concur.
18-CITE: 723 So.2d 931 Edward PENNINGTON, III, Appellant, v. Anthony CAGGIANO, et al., Appellees.
TEXT: HARRIS, J. We elect to dispense with oral argument in this case. Pennington filed this
malp...ion against the lawyers for malpractice and there is no indiction that a fourth try would do
any better. AFFIRMED. COBB and PETERSON, JJ., concur.
19-CITE: 681 So.2d 711 Granville Steven LILES, individually and as guardian of the property of Shawn
Christopher Liles, a minor, Appellant, v. P.I.A. MEDFIELD, INC., d b a Medfield Center; and Dr.
Scott Permesly, Appellees.
TEXT: BLUE, Judge. Granville Steven Liles, individually and as guardian of the property of Shawn
C... the complaint on that basis. Accordingly, we reverse and remand to the trial court for further
proceedings. FRANK, A.C.J., and FULMER, J., concur.
20-CITE: 574 So.2d 278 Gerardo CRUZ, Appellant, v. Alexander ANGELIDES, M.D., et al., Appellees.
TEXT: PER CURIAM. This is an appeal by the plaintiff Gerardo Cruz from an adverse final judgment
o... the [medical] profession itself, rather than by the courts. Accordingly, the final judgment on
the pleadings below must be and is hereby Affirmed.
21-CITE: 520 So.2d 656 Gregory QUIJANO, a minor, By and Through his parents and next friends, Donald
QUIJANO and Ana Quijano; and Donald Quijano and Ana Quijano, individually, Appellants, v. FLORIDA
PATIENT S COMPENSATION FUND, Appellee.
TEXT: DANIEL S. PEARSON, Judge. On this appeal Quijano challenges an award of attorney s fees to
t...al of defendant operated to terminate finally proceeding against him). Accordingly, the
judgment awarding attorney s fees to the Fund is Affirmed.
22-CITE: 652 So.2d 386 ST. ANTHONY S HOSPITAL, INC., Petitioner, v. Joan S. LEWIS, Respondent.
TEXT: PER CURIAM. St. Anthony s Hospital, Inc. (the hospital) petitions this court for a writ of
c...ital, the negligent selection and retention claim is barred. Petition granted; order quashed.
RYDER, A.C.J., and CAMPBELL and PARKER, JJ., concur.
23-CITE: 545 So.2d 913 Gerald S. KAUFMAN, D.P.M., and Gerald S. Kaufman, D.P.M., P.A., Appellants, v.
Patricia MACDONALD, Appellee.
TEXT: PER CURIAM. We sua sponte consolidate these two appeals, both arising out of the same
medica...hat the fee upon recovery shall be the higher of the percentage amount or an amount
awarded by the court? ANSTEAD, LETTS and GARRETT, JJ., concur.
24-CITE: 444 So.2d 953 Frederick BEISEL and Elizabeth Beisel, his wife, Petitioners, v. G. William
LAZENBY, Respondent.
TEXT: McDONALD, Justice. This case is before us to review a district court decision, Lazenby v.
Be...approve the decision of the district court. It is so ordered. *954 ALDERMAN, C.J., and BOYD,
OVERTON and SHAW, JJ., concur. ADKINS, J., dissents.
25-CITE: 552 So.2d 341 James W. McCANN, Jr., M.D., individually, and Doctors Benton & McCann, P.A.,
Petitioners, v. Laurie FOISY, Respondent.
TEXT: DOWNEY, Judge. By petition for writ of certiorari, Dr. James McCann seeks to quash an
interl...n question. Accordingly, the petition for writ of certiorari is granted and the order
under review is quashed. HERSEY, C.J., and DELL, J., concur.
26-CITE: 625 So.2d 130 Delmer E. DAVIS, Appellant, v. Jay C. GREEN, D.D.S., Appellee.
TEXT: POLEN, Judge. Appellant, plaintiff below in a dental malpractice suit, timely appeals from
a...ellee as to both alleged incidents of malpractice, and remand for further proceedings consistent
with this opinion. GUNTHER and KLEIN, JJ., concur.
27-CITE: 573 So.2d 173 NME HOSPITALS, INC., a corporation d b a Seven Rivers Community Hospital,
Petitioner, v. Dominick AZZARITI and Domenica Azzariti, his wife, Respondents.
TEXT: PER CURIAM. The petitioner, the defendant in a pending medical malpractice action, seeks a
w...the case is remanded to the circuit court for proceedings consistent with this opinion.
SCHOONOVER, C.J., and CAMPBELL and THREADGILL, JJ., concur.
28-CITE: 574 So.2d 318 Bryan LEWIS and Mary Lewis, his wife, as parents and next friends of Joshua
Lewis, a minor, and Bryan Lewis and Mary Lewis, individually, Appellants, v. NORTH BROWARD HOSPITAL
DISTRICT d b a Broward General Medical Center, Appellee.
TEXT: PER CURIAM. Appellants filed a medical malpractice action against various health care
provid... agencies for damages arising from medical malpractice must be commenced within the time
limitations contained in section 95.11(4) Florida Statutes.
29-CITE: 522 So.2d 106 Cheryl Lynn STOWIK, Appellant, v. Nour SIRKER, M.D., etc., et al., Appellees.
TEXT: GLICKSTEIN, Judge. This is an appeal by the plaintiff from a summary final judgment entered
...es in medical malpractice statutes. Like ocean waters, the legislature moves in the direction in
which the wind blows. LETTS and DELL, JJ., concur.
30-CITE: 712 So.2d 784 Maureen MAGUIRE, M.D., Petitioner, v. Dorothy NICHOLS, Dale Nichols, and
Sarasota County Public Hospital Board d b a Sarasota Memorial Hospital, Respondents.
TEXT: PER CURIAM. The petitioner, Maureen Maguire, M.D. (Dr. Maguire), challenges the circuit
cour...guire s motion for summary judgment against Nichols. Petition granted with directions.
PATTERSON, A.C.J., and ALTENBERND and WHATLEY, JJ., concur.
31-CITE: 693 So.2d 66 Hilda GARCIA, a guardian of Jose Guiles, etc., Appellant Cross-Appellee, v.
PSYCHIATRIC INSTITUTES OF AMERICA, INC., etc., et al., Appellees Cross-Appellants.
TEXT: PER CURIAM. Garcia appeals summary judgments entered against her based upon her failure to
c...ED. W. SHARP, GRIFFIN and THOMPSON, JJ., concur. ------------ (FN1) Garcia v. Psychiatric
Institutes of America, 638 So.2d 567 (Fla. 5th DCA 1994).
32-CITE: 597 So.2d 414 HCA HEALTH SERVICES OF FLORIDA, INC., d b a HCA Medical Center of Port St.
Lucie, and Perry R. Lloyd III, M.D., Appellants, v. Gus BRANCHESI, as Personal Representative of the
Estate of Adria Branchesi, Deceased, Appellee.
TEXT: ANSTEAD, Judge. At issue is whether the trial court erred in ruling that certain provisions
...n, and as interpreted by the Florida Supreme Court in Smith v. Department of Insurance, 507 So.2d
1080 (Fla.1987). HERSEY and GARRETT, JJ., concur.
33-CITE: 675 So.2d 226 Cheree M. ROBINSON, Appellant, v. WEST FLORIDA REGIONAL MEDICAL CENTER,
Appellee.
TEXT: PER CURIAM. This is an appeal from a final summary judgment. The question presented is
wheth...y judgment is REVERSED and the case is REMANDED for further proceedings consistent with this
opinion. JOANOS, BENTON and VAN NORTWICK, JJ., concur.
34-CITE: 611 So.2d 1365 Richard STACKHOUSE, Appellant, v. Dr. Ben D. EMERSON, Humana Hospital, Inc. and
Heritage Health Corporation, Appellees.
TEXT: DIAMANTIS, Judge. Appellant Richard Stackhouse appeals an order dismissing with prejudice
hi...t constitutes a species of medical negligence. See, e.g. Sistrunk v. Hoshall, 530 So.2d 935
(Fla. 1st DCA) rev. dismissed, 534 So.2d 401 (Fla.1988).
35-CITE: 544 So.2d 1131 NORTH BROWARD HOSPITAL DISTRICT d b a Broward General Medical Center,
Appellant, v. Natasha ROYSTER, et al., Appellees.
TEXT: PER CURIAM. In this medical malpractice action, the trial court entered a summary judgment
o... the plaintiff s affidavit. Brooks v. Serrano, 209 So.2d 279 (Fla. 4th DCA 1968). Accordingly,
we affirm. LETTS, GLICKSTEIN and POLEN, JJ., concur.
36-CITE: 452 So.2d 937 Estine DAVIS, Appellant, v. NORTH SHORE HOSPITAL, Leonard Cantor, M.D. and John
H. Kathe, M.D., Appellees.
TEXT: PER CURIAM. The trial court ruled that Section 768.56, Florida Statutes (1981) (FN1), which
...l not apply to any action filed before July 1, 1980. *938 same date. Young v. Altenhaus, 448
So.2d 1039 (Fla. 3d DCA 1983). Reversed and remanded.
37-CITE: 743 So.2d 541 Patricia MEDINA and Gabriel Medina, her husband, Appellants, v. The PUBLIC
HEALTH TRUST d b a Jackson Memorial Hospital, Appellee.
TEXT: SHEVIN, Judge. Plaintiffs Patricia and Gabriel Medina appeal an order dismissing their
medic...rial court erred in finding otherwise. Based on the foregoing, we reverse the dismissal and
remand for further proceedings. Reversed and remanded.
38-CITE: 508 So.2d 32 Harry T. UMBEL, as Personal Representative of the Estates of Jeanette Maria Umbel
and Michael Thomas Umbel, deceased, Appellant, v. Dipakkumar M. UPADHYAYA, Appellee.
TEXT: DANAHY, Chief Judge. This is an appeal from an award of attorney s fees to the prevailing
pa...a prevailing party pursuant to section 768.56 Fla.Stat. (1983). The judgment appealed from is
therefore affirmed. SCHEB and CAMPBELL, JJ., concur.
39-CITE: 456 So.2d 958 Helen BENNETT, Appellant, v. Robert P. RIGGS, Appellee.
TEXT: PER CURIAM. In this medical malpractice action, we reverse the summary judgment rendered
aga...Hospital, 426 So.2d 64 (Fla. 5th DCA 1983); McCoy v. Hoffmeister. REVERSED and REMANDED.
HOBSON, A.C.J., and BOARDMAN and SCHOONOVER, JJ., concur.
40-CITE: 696 So.2d 1346 Carlos DIAZ, as personal representative of the Estate of Lazaro Diaz on Behalf
of the Estate of Lazaro Diaz and on Behalf of Juan Diaz and Yolanda Diaz, as survivors of Lazaro
Diaz, Appellants, v. CCHC-GOLDEN GLADES, LTD., a limited partnership with Commonwealth Continental
Health Care, Inc., general partner, d b a Golden Glades Regional Medical Center, Ltd., Appellee.
TEXT: SCHWARTZ, Chief Judge. Primarily because of the legislative history set out by the Fourth
Ci...h v. Department of Ins., 507 So.2d 1080 (Fla.1987); Vildibill v. Johnson, 492 So.2d 1047
(Fla.1986), we note, but do not pass upon that possibility.
41-CITE: 629 So.2d 314 Isabella K. SHARPE, M.D., Appellant, v. Charles Cook HOWELL, III, P.A. and
Charles Cook Howell, III, Appellee.
TEXT: PER CURIAM. Appellant seeks reversal of a final summary judgment entered in her legal
malpra...s to preclude judgment for appellee as a matter of law. Accordingly, the final summary
judgment is AFFIRMED. SMITH, ALLEN and MICKLE, JJ., concur.
42-CITE: 465 So.2d 1383 BAYFRONT MEDICAL CENTER, INC., Andrew Wilkerson, M.D. and Aaron Hasiuk, M.D.,
Appellants, v. KIM OANG THI LY and Ha Nguyen, Appellees.
TEXT: RYDER, Chief Judge. Bayfront Medical Center, Inc., Andrew Wilkerson, M.D., and Aaron
Hasiuk,... 436 (Fla.1949)). Reversed and remanded with instructions for further proceedings
consistent with this opinion. SCHEB and SCHOONOVER, JJ., concur.
43-CITE: 692 So.2d 1002 Tongala LYNN, Appellant, v. MOUNT SINAI MEDICAL CENTER, INC., a Florida
corporation, Appellee.
TEXT: PER CURIAM. Appellant, Tongala Lynn ( Lynn ), appeals an order dismissing her complaint for
...ismissed as being time barred under the two year limitation for medical malpractice. Silva, 601
So.2d at 1184; Durden, 375 So.2d at 1096. Reversed.
44-CITE: 655 So.2d 1151 Maria B. TUNNER, M.D., et al., Petitioners, v. Margaret D. FOSS, et al.,
Respondents.
TEXT: W. SHARP, Judge., Tunner, one of the defendants below, seeks certiorari review by this
court...i GRANTED; Order Denying Dismissal of Complaint QUASHED. DAUKSCH and GOSHORN, JJ., concur.
------------ (FN3) Section 766.202(6), Fla.Stat. (1989).
45-CITE: 624 So.2d 368 Felix DAMPF and Helen Dampf, his wife, Appellants, v. Alex FURST, M.D.; Furst,
Erbesfeld, Jude and Boe, M.D., P.A., a Florida Professional Association; James R. Margolis, M.D.;
Richard A. Kreiger, M.D.; Margolis, Simon, Midwall & Kreiger, M.D., P.A., a Florida Professional
Association; and South Miami Hospital, Inc., a Florida corporation, Appellees.
TEXT: PER CURIAM. Felix Dampf filed this medical malpractice action within two years after
discove... before there is an opportunity to make discovery. In light of the affirmance on the first
issue, we leave that question for another day. Affirmed.
46-CITE: 458 So.2d 401 Norene PARRISH, Appellant, v. O. Lee MULLIS, M.D., Appellee.
TEXT: WIGGINTON, Judge. Appellant was an unsuccessful plaintiff in a medical malpractice action.
F...ney s fees on the issue of constitutional application, we need not reach appellant s remaining
points. REVERSED. JOANOS and BARFIELD, JJ., concur.
47-CITE: 460 So.2d 564 Sandra NEILINGER and Eric Neilinger, her husband, Appellants, v. BAPTIST
HOSPITAL OF MIAMI, INC., a Florida corporation, Appellee Cross Appellant, and The Florida Patient s
Compensation Fund, Appellee Cross Appellee.
TEXT: PER CURIAM. This is an appeal and cross appeal from a final summary judgment entered in
favo...l, Inc. to $100,000 is treated as a petition for a writ of certiorari and the said petition
is denied. Affirmed in part; certiorari denied in part.
48-CITE: 486 So.2d 672 Dennie G. BEAM and Martharay Beam, Appellants, v. UNIVERSITY HOSPITAL BUILDING,
INC., d b a Memorial Hospital of Jacksonville, Appellee.
TEXT: SMITH, Judge. Appellants appeal the trial court s dismissal of their amended complaint,
cont...e of action. Therefore, we affirm the trial court s dismissal of appellant s amended
complaint. AFFIRMED. BOOTH, C.J., and WENTWORTH, JJ., concur.
49-CITE: 514 So.2d 1151 Robert C. MacDONALD, D.D.S., Petitioner, v. Honorable William C. McIVER,
Circuit Judge, Twentieth Judicial Circuit, Collier County, Respondent.
TEXT: PER CURIAM. Robert MacDonald, the petitioner in this case, is a dentist presently being
sued...e date of that statute. Nevertheless, the court went on to hold that prohibition is not
available to redress a civil statute of limitations dispute.
50-CITE: 686 So.2d 14 L. Addison SMELKO, Appellant, v. Edward R. DUPAY, Jr., D.O.; and Edward R. Dupay,
Jr. D.O., P.A., Appellees.
TEXT: PATTERSON, Judge. L. Addison Smelko appeals from the final order which dismisses his
lawsuit...and with directions to reinstate the plaintiff s complaint. Reversed and remanded for
further proceedings. PARKER, A.C.J., and QUINCE, J., concur.
51-CITE: 452 So.2d 633 Ralph LUGO, as Personal Representative of the Estate of Jane Lugo, deceased,
Appellant, v. FLORIDA PATIENT S COMPENSATION FUND, Appellee.
TEXT: PER CURIAM. Affirmed. Fabal v. Florida Keys Memorial Hospital, 452 So.2d 946 (Fla. 3d DCA
19...)(b), Florida Statutes (1977), so that the Fund must be made or joined as a party defendant
within two years after the malpractice action accrues?
52-CITE: 725 So.2d 438 Minouche NOEL, a minor, By and Through her parents and natural guardian, Jean
NOEL, and Flora Noel, and Jean Noel and Flora Noel, individually, Appellants, v. BROWARD GENERAL
MEDICAL CENTER, d b a Broward General Medical, et al., Appellee.
TEXT: WARNER, J. This is an appeal from a cost judgment entered in favor of the defendant doctors
...eters of its discretion. See Deleuw, Cather & Co. v. Grogis, 655 So.2d 240, 241 (Fla. 4th DCA
1995). Affirmed. STONE, C.J., and GROSS, J., concur.
53-CITE: 546 So.2d 14 Antonio BENDECK and Mafalda Bendeck, Appellants, v. Allen BERRY, D.D.S.,
Appellee.
TEXT: PER CURIAM. Affirmed. Berry V. Orr, 537 So.2d 1014 (Fla. 3d DCA 1988); Nash v. Humana Sun
Ba...f limitations is before us. The more appropriate solution is to adopt a consistent
interpretation for pre-suit notice cases in accordance with Meli.
54-CITE: 538 So.2d 528 STATE of Florida, Appellant, v. Robert ARNER, Appellee.
TEXT: PER CURIAM. AFFIRMED. We believe that the trial court acted within its discretion in
grantin...uch fence at times pertinent. He may have done se, and counsel could reasonably have
concluded the issue was not important enough to pursue further.
55-CITE: 478 So.2d 350 Helene HAFTEL, et ux, Petitioners, v. FLORIDA PATIENT S COMPENSATION FUND,
Respondent.
TEXT: PER CURIAM. This case is before us to answer a certified question of great public
importance...ida Keys Memorial Hospital, 478 So.2d 1058 (Fla.1985). It is so ordered. BOYD, C.J.,
and ADKINS, OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur.
56-CITE: 528 So.2d 985 BREAKERS OF FORT LAUDERDALE, LTD., a Florida Limited Partnership, Appellant, v.
James S. CASSEL, Appellee.
TEXT: PER CURIAM. Finding that the statute of limitations had run on the plaintiff s cause of
acti... not then completely ascertainable, is immediate. See *987 City of Miami v. Brooks, 70 So.2d
306 (Fla.1954). Reversed and remanded with directions.
57-CITE: 464 So.2d 249 Helene HAFTEL and Louis Haftel, her husband, Appellants, v. FLORIDA PATIENT S
COMPENSATION FUND, Appellee.
TEXT: PER CURIAM. The summary judgment for the Florida Patient s Compensation Fund, entered
becaus...(4)(b), Florida Statutes (1977), so that the Fund must be made or joined as a party
defendant within two years after the malpractice action accrues?
58-CITE: 705 So.2d 41 Manuel E. TARACIDO, Medical Centers of America, Inc., a Florida Corporation,
Medical Centers of America at South Florida, a Florida Corporation, and Medical Centers of America
of Central Florida, a Florida Corporation, jointly and severally, Appellants, v. PEREZ-ABREU, ZAMORA
& DE LA FE, P.A., a Florida Professional Association and Enrique Zamora, Appellees.
TEXT: GERSTEN, Judge. Appellants Medical Centers of America, Inc. ( MCA ) and Manuel Taracido (
Ta...ingly, the summary judgment entered in favor of the attorneys is reversed, and the case is
remanded for further proceedings. Reversed and remanded.
59-CITE: 726 So.2d 378 A. Paul WENDEL, M.D., f u b o Physicians Protective Trust Fund, Appellant, v.
Daniel HAUSER, M.D., Coastal Emergency Services, Inc. and North Broward Hospital District d b a
Broward General Medical Center, Appellees.
TEXT: DELL, J. A. Paul Wendel, M.D., f u b o Physicians Protective Trust Fund, appeals the trial
c... 180 days of the limitations period. See Tanner v. Hartog, 618 So.2d 177, 182 (Fla.1993);
Novitsky v. Hards, 589 So.2d 404, 407 (Fla. 5th DCA 1991).
60-CITE: 463 So.2d 528 Nicole CHAPMAN, a minor, By and Through her parents and next friends, Verna D.
CHAPMAN and Kenneth Chapman; Verna D. Chapman and Kenneth Chapman, individually; and Lawrence B.
Rodgers, Esq. and Lawrence Rodgers, P.A., Petitioners, v. Jorge GARCIA, M.D.; North Shore Medical
Center, Inc.; Florida Patient s Compensation Fund; and Milton Kelner, As Guardian Ad Litem and
Attorney Ad Litem For and On Behalf of Nicole Chapman, a minor, Respondents.
TEXT: FERGUSON, Judge. On January 26, 1984, defendants Florida Patient s Compensation Fund and
Dr....rari is granted. The orders disqualifying plaintiffs attorney and appointing an attorney
guardian ad litem to represent the minor child are quashed.
61-CITE: 730 So.2d 767 Wayne L. GODBOLD, M.D., Petitioner, v. Sherry COX-NOVOA and Anthony Novoa, etc.,
Respondent(s).
TEXT: COBB, J. Wayne C. Godbold, M.D. and Wayne C. Godbold, M.D. Chartered (Godbold) seek
certiora... Florida Regional Hospital v. Hill, 721 So.2d 404 (Fla. 5th DCA 1998). PETITION GRANTED;
ORDER QUASHED; REMANDED. HARRIS and PETERSON, JJ. concur.
62-CITE: 722 So.2d 961 ORNDA HEALTHCORP, a foreign corporation, d b a Parkway Regional Medical Center,
Petitioner, v. Bradley BERGHOF, et al., Respondent.
TEXT: PER CURIAM. Ornda Healthcorp, d b a Parkway Regional Medical Center, appeals from an Order
m... at 114. Accordingly, the order under review is vacated, and this cause is remanded to the
trial court for further proceedings consistent herewith.
63-CITE: 489 So.2d 800 Brenda Lee KIRKLAND, Incompetent, By and Through her legally appointed guardian,
Emma Lee KIRKLAND, and John C. Kirkland and Emma Lee Kirkland, individually, Appellants, v. STATE of
Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Northeast Florida State Hospital, an
agency of the State of Florida, Appellees.
TEXT: SMITH, Judge. Appellant (Kirkland) appeals a partial summary judgment in favor of appellees
...appeal is dismissed and the cause remanded to the trial court for proceedings consistent with
this opinion. BOOTH, C.J., and WENTWORTH, J., concur.
64-CITE: 435 So.2d 989 James Weldon McCOY and Patricia Ann McCoy, his wife, Appellants, v. William E.
HOFFMEISTER, M.D. and Michael F. Brown, M.D., Appellees.
TEXT: SHARP, Judge. James and Patricia McCoy appeal from a final summary judgment entered on
their...ary judgment, we reverse and remand for further proceedings in this cause. REVERSED AND
REMANDED. DAUKSCH and FRANK D. UPCHURCH, Jr., JJ., concur.
65-CITE: 664 So.2d 352 Willie NEWMAN, M.D., Petitioner, v. Joequetta CUYLER, et al., Respondents.
TEXT: PER CURIAM. Dr. Willie B. Newman and his professional association petition this court for a
...elevant and all identifying information of non-party patients is redacted from records).
PETITION DENIED. DAUKSCH, COBB and THOMPSON, JJ., concur.
66-CITE: 739 So.2d 1240 Ramona Janet Corrales RAMIREZ, etc., et al., Appellants, v. UNIVERSITY OF
MIAMI, etc., et al., Appellees.
TEXT: JORGENSON, J. Janet Ramirez appeals a final order entering summary judgment in favor of the
...court. See Jaar v. University of Miami 474 So.2d 239, 242 (Fla. 3d DCA 1985); Sosa v.
Knight-Ridder Newspapers, 435 So.2d 821 (Fla.1983). Affirmed.
67-CITE: 618 So.2d 786 Arlene GARGANO and Michael Gargano, Appellants, v. Anthony COSTARELLA, Citrus
Memorial Hospital, and Carlos Gonzalez, Appellees.
TEXT: PETERSON, Judge. Arlene and Michael Gargano appeal a judgment awarding attorney s fees and
d...FIN, JJ., concur. ------------ (FN1) We express no opinion on the other grounds for dismissal
asserted because the trial court did not rule on them.
68-CITE: 710 So.2d 1 Joan Maley OTTO and James Maley, as the natural guardians and next of friend of
Christopher Otto, Appellants, v. J.J. RODRIGUEZ, M.D., Appellee.
TEXT: STONE, Chief Judge. We affirm a final order dismissing this medical malpractice complaint
fo...ismissal of the cause where the plaintiffs did not file a notice of intent within the statute
of limitations period). KLEIN and GROSS, JJ., concur.
69-CITE: 493 So.2d 467 The LOWER FLORIDA KEYS HOSPITAL DISTRICT d b a Florida Keys Memorial Hospital,
Florida Patient s Compensation Fund and the Florida Medical Malpractice Joint Underwriting
Association, Appellants, v. Mark B. LITTLEJOHN, a minor, By and Through his parents and next
friends, William D. LITTLEJOHN and Sharon G. Littlejohn, individually and Sharon G. Littlejohn,
individually, Appellees.
TEXT: ON MOTION FOR CLARIFICATION Upon consideration of Agreed Motion for Clarification, we
withdr...tion certified). *469 For these reasons, we relinquish jurisdiction for a period not
exceeding ninety (90) days. Remanded for further proceedings.
70-CITE: 700 So.2d 170 MACHINERY WHOLESALERS, INC. and Mark Fields, Appellants, v. WOLPE, LEIBOWITZ &
BROTMAN, Appellee.
TEXT: COPE, Judge. The law firm of Wolpe, Leibowitz & Brotman moves to dismiss the appeal filed
by...ppeal for want of an appealable order. Any party is free to appeal from the final judgment
entered at the conclusion of the case. Appeal dismissed.
71-CITE: 656 So.2d 569 Jan DOE and Joe Doe, her husband, Petitioners, v. Bruce Alan YOUNG, et al,
Respondents.
TEXT: THOMPSON, Judge. Petitioners, Jan and Joe Doe, seek certiorari review of a non-final order
d...So.2d 1177 (Fla. 2d DCA 1994); Martinez v. Lifemark Hosp. of Florida, Inc., 608 So.2d 855 (Fla.
3d DCA 1992), rev. denied, 620 So.2d 761 (Fla.1993).
72-CITE: 638 So.2d 151 Frances KAGAN and Murray Kagan, her husband, Appellants, v. Edward J. POLLOCK,
M.D.; Medical Imaging Center of Boca Raton, Ltd.; Jonathan Wideroff, M.D.; Colletta, Wideroff, Klein
& Ross, M.D.S., P.A.; Kathy Jean Schilling, M.D.; Boca Raton Community Hospital, Inc.; Peter A.
Tuby, M.D.; Peter A. Tuby, M.D., P.A., and Irving R. Besman, M.D.;, Appellees.
TEXT: POLEN, Judge. Frances and Murray Kagan appeal the lower court s order granting a final
summa...tion occurred or within two (2) years from the time the incident is discovered, or should
have been discovered with the exercise of due diligence.
73-CITE: 564 So.2d 147 Marvin KELMAN, Appellant, v. Adolph H. MOTTA, M.D., etc., Appellees.
TEXT: DOWNEY, Judge. Marvin Kelman appeals from an adverse final judgment entered upon a jury
verd...oted by the result. Accordingly, finding no reversible error demonstrated, the judgment
appealed from is affirmed. ANSTEAD and LETTS, JJ., concur.
74-CITE: 689 So.2d 1040 FLORIDA MEDICAL MALPRACTICE JOINT UNDERWRITING ASSOCIATION, Petitioner, v.
INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Respondent. ST. PAUL FIRE & MARINE INSURANCE COMPANY,
Petitioner, v. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Respondent.
TEXT: PER CURIAM. We have for review the opinion in Florida Medical Malpractice Joint
Underwriting...er proceedings consistent herewith. It is so ordered. OVERTON, GRIMES, HARDING,
WELLS and ANSTEAD, JJ., concur. SHAW, J., concurs in result only.
75-CITE: 644 So.2d 166 Don B. VITUCCI, Petitioner, v. FLORIDA MEDICAL CENTER, INC., d b a Florida
Medical Center; John R. Gudelis, D.O., John R. Gudelis, D.O., P.A.; William Leone, Jr., M.D.,
William Leone, Jr., M.D., P.A.; Holy Cross Hospital, Inc., d b a Holy Cross Hospital; Raul T.
Aparicio, M.D., Raul T. Aparicio, M.D., P.A.; Robert J. Catanzaro, M.D., and Robert J. Catanzaro,
M.D., P.A., Respondents.
TEXT: PER CURIAM. The petition for writ of certiorari is denied. See Rojas v. Ryder Truck Rental,
...ndent involve a similar circumstance. The discovery of these records is more of a fishing
expedition than a legitimate search for relevant evidence.
76-CITE: 476 So.2d 781 Kelli SCHAFER, Appellant, v. Theodore LEHRER, Appellee.
TEXT: SMITH, FREDRICKA G., Associate Judge. Kelli Schafer appeals from a final summary judgment
fo...rse the summary judgment and remand this cause to the trial court for further proceedings.
Reversed and remanded. ANSTEAD and WALDEN, JJ., concur.
77-CITE: 620 So.2d 993 ORLANDO REGIONAL MEDICAL CENTER, et al., Petitioners, v. Gregory ALLEN, etc., et
al., Respondents.
TEXT: PER CURIAM. We review Allen v. Orlando Regional Medical Center, 606 So.2d 665 (Fla. 5th DCA
...we approve the result of the decision below. It is so ordered. BARKETT, C.J., and OVERTON,
McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
78-CITE: 463 So.2d 1262 Carolyn J. TINDALL and Robert N. Tindall, husband and wife, Appellants, v.
James E. MILLER, M.D., Douglas G. Nuelle, M.D., Stanley H. Axelrod, M.D., Medical Center Hospital
and Florida Patients Compensation Fund, Appellees.
TEXT: RYDER, Chief Judge. Carolyn and Robert Tindall, unsuccessful plaintiffs in a medical
malprac...et aside that portion of the order assessing attorney s fees against the Tindalls. We
affirm the award of costs. SCHOONOVER and LEHAN, JJ., concur.
79-CITE: 721 So.2d 404 CENTRAL FLORIDA REGIONAL HOSPITAL, etc., Petitioner, v. Tammy HILL, Respondent.
TEXT: PER CURIAM. Central Florida Regional Hospital (CFRH), seeks certiorari review of an order
de...ial and remand for entry of an order granting CFRH s motion. PETITION GRANTED; ORDER QUASHED;
REMANDED. DAUKSCH, HARRIS and PETERSON, JJ., concur.
80-CITE: 447 So.2d 282 DADE COUNTY PUBLIC HEALTH TRUST, d b a Jackson Memorial Hospital, Petitioner, v.
Ernest ZAIDMAN and Wendy Zaidman, Respondents.
TEXT: PER CURIAM. The order requiring the production of the defendant hospital s incident reports
...y Co. v. McGann, 402 So.2d 1361 (Fla. 4th DCA 1981); Dade County Medical Association v. Hlis, 372
So.2d 117 (Fla. 3d DCA 1979). Certiorari granted.
81-CITE: 688 So.2d 423 Edmund L. WHEELER, Appellant, v. Mohammad Ali HAJIANPOUR, M.D.; M.A. Hajianpour,
M.D., P.A.; Total Orthopaedic Care, P.A.; Michael P. Feanny, M.D.; Michael P. Feanny, M.D., P.A.;
Galen of Florida, Inc. d b a Humana Hospital--Bennett a k a Westside Regional Medical Center; Humana
of Florida, Inc. d b a Humana Hospital--Bennett a k a Westside Regional Medical Center; Columbia
Hospital Corporation of South Broward d b a Humana Hospital--Bennett a k a Westside Regional Medical
Center; Columbia HCA Healthcare Corporation, d b a Humana Hospital--Bennett a k a Westside Regional
Medical Center; Humana Medical Plans, Inc.; Humana, Inc.; Gail S. Bonner, M.D.; Debra F. Reinfeld,
M.D., d b a Internal Medicine Associates of Plantation; Debra Reinfeld, M.D., P.A., Appellees.
TEXT: STEVENSON, Judge. We have for review an order of the trial court dismissing a medical
malpra...5-13793 and 95-006630. If indeed they are identical, then abatement will be appropriate.
REVERSED and REMANDED. GLICKSTEIN and STONE, JJ., concur.
82-CITE: 618 So.2d 186 Barry S. KRONMAN, M.D., et al., Petitioners, v. Byron NORSWORTHY, etc., et al.,
Respondents.
TEXT: GRIMES, Justice. We review Norsworthy v. Holmes Regional Medical Center Inc., 598 So.2d 105
...refore, we approve the result of the decision below. It is so ordered. BARKETT, C.J., and
OVERTON, McDONALD, SHAW, KOGAN and HARDING, JJ., concur.
83-CITE: 545 So.2d 496 Hugo ESCALANTE, M.D., et al., Appellants, v. Orlando DOPICO, et al., Appellees.
TEXT: PER CURIAM. An anesthesiologist appeals from an adverse judgment and an award of attorney s
...rea, 544 So.2d 1022 (Fla.1989); World Serv. Life Ins. Co. v. Bodiford, 537 So.2d 1381 (Fla.1989).
Affirmed in part, reversed in part, and remanded.
84-CITE: 610 So.2d 477 Suzanne GROTH, Appellant, v. Ronda C. WEINSTOCK, Ph.D., Appellee.
TEXT: HAMMOND, K., Associate Judge. Suzanne Groth appeals from the final judgment dismissing her
a...e without power to construe an unambiguous statute in a way which would extend or modify its
express terms. Holly v. Auld, 450 So.2d 217 (Fla.1984).
85-CITE: 593 So.2d 1140 Sherry Denise WOOD, as Personal Representative of the Estate of Marshall Wood,
Deceased, and Sherry Denise Wood, Individually, Petitioner, v. TALLAHASSEE MEMORIAL REGIONAL MEDICAL
CENTER, INC., a Florida Corporation, and Patrick J. McCarthy, M.D., Individually, Respondents.
TEXT: WEBSTER, Judge. Petitioner, plaintiff below, seeks review by certiorari of a discovery
order...ax returns be produced for its in camera review, obviously to protect against any
unnecessary intrusion into the experts personal financial affairs.
86-CITE: 731 So.2d 849 Elisa GARAY, Appellant, COLONY SPRINGS MEDICAL CENTER, INC., Appellee.
TEXT: PER CURIAM. Elisa Garay, plaintiff below, appeals the trial court s order granting summary
j...o access to the courts. Therefore, we vacate the order under review, and remand to the trial
court for further action consistent with this opinion.
87-CITE: 530 So.2d 958 Walter BARNES, Jr., Petitioner, v. Carl Edward MEECE, Jr., as Personal
Representative of the Estate of Christine F. Meece, and Carl Edward Meece, Jr., Individually,
Michael John Sineath and Joan L. Sineath, Community Hospital of the Palm Beaches, Inc., d b a Humana
Hospital of the Palm Beaches, a Florida Corporation, Raymond McKnight, M.D., Jerald V. Lemar, D.O.,
David Simon, D.O., Florida Patients Compensation Fund, Findeiss and Creed, Inc., a Florida
Professional Corporation, Longo and Latorra, D.O., P.A., Joseph Motta, M.D., and Faro, Motta and
Anderson, M.D., P.A., Respondents.
TEXT: PER CURIAM. This is a petition for writ of common law certiorari in which petitioner seeks
r...personal injury suit, which is ready for trial. The petition for writ of certiorari is
therefore denied. LETTS, GLICKSTEIN and STONE, JJ., concur.
88-CITE: 495 So.2d 1218 Manuel DEL CANAL, Appellant, v. Gerardo SANTOS, M.D., Appellee.
TEXT: PER CURIAM. This is an appeal by the plaintiff Manuel Del Canal from (a) an adverse final
ju... (1983). The final judgment entered upon the directed verdict herein and the judgment of costs
and attorney s fees are, in all respects, Affirmed.
89-CITE: 451 So.2d 482 Loretta COBB, Appellant, v. Carlos MALDONADO, M.D., and James Harrell, M.D.,
Appellees.
TEXT: GLICKSTEIN, Judge. This appeal is from a Summary Final Judgment awarded to a doctor in a
med...(b) s disparate impacts on *484 claimants in virtually identical circumstances, and take
appropriate action. ANSTEAD, C.J., and WALDEN, J., concur.
90-CITE: 506 So.2d 422 Jeanne ENGLANDER and Paul Englander, her husband, Appellants, v. ST. FRANCIS
HOSPITAL, INC., Appellee.
TEXT: PER CURIAM. The order denying the plaintiffs motion to strike the defendant s claim for
atto...llow assertion that a last-minute voluntary dismissal is for strategic reasons. That more,
present in Simmons, is not present here. I would affirm.
91-CITE: 739 So.2d 1267 Joan ROSEN, Appellant, v. THOMAS E. CAZEL, P.A., and Thomas E. Cazel,
individually, Appellees.
TEXT: CONFESSION OF ERROR PER CURIAM. Joan Rosen appeals the summary dismissal of her legal
malpr...lpractice begins when postconviction relief based upon ineffectiveness of counsel is
granted. Rowe v. Schreiber, 725 So.2d 1245 (Fla. 4th DCA 1999).
92-CITE: 691 So.2d 1129 Harold A. YOUNT, M.D., Appellant, v. Colin VARNES, Guardian of the Property of
Esther Rodriguez, a minor, Appellee.
TEXT: KLEIN, Judge. A minor who had received a substantial settlement in an automobile accident
ca...ights of Dr. Yount. We therefore reverse and remand for entry of an order compelling payment
of the judgment. GLICKSTEIN and SHAHOOD, JJ., concur.
93-CITE: 610 So.2d 649 Edith Patricia WAINSCOTT, Appellant, v. Steven RINDLEY, D.D.S., and Steven
Rindley, D.D.S., P.A., Appellees.
TEXT: PER CURIAM. Edith Patricia Wainscott appeals an order dismissing her amended complaint in
he...amended complaint. We therefore reverse the order on appeal and remand the cause for
reinstatement of the amended complaint. Reversed and remanded.
94-CITE: 496 So.2d 195 The STATE of Florida, Appellant, v. Harold J. SMITH, Appellee.
TEXT: NESBITT, Judge. The state appeals from an order granting Smith s motion to dismiss an
inform...ther police officer was trespassing at the time he approached armed defendant was not a
matter of fact which could be admitted by state s demurrer).
95-CITE: 596 So.2d 749 Gayle CHANDLER, Appellant, v. Fred J., NOVAK, D.D.S., Mark Greenberg, D.D.S.,
and Isaac Garazi, D.M.D., Appellees.
TEXT: ON MOTION FOR REHEARING EN BANC PER CURIAM. The November 19, 1991, opinion of the panel,
as... required by section 768.28(6), Florida Statutes (1977), barred the action. In this case, the
appropriate notice of the main claim was timely given.
96-CITE: 581 So.2d 629 Patricia C. DE YOUNG, Appellant, v. James L. BIERFELD, M.D., et al., Appellees.
TEXT: SCHWARTZ, Chief Judge. We hold that, under the 1985 version of the Medical Malpractice
Refor...ade this determination pursuant to a remand required in a prior appearance of this case. See
De Young v. Bierfeld, 533 So.2d 933 (Fla. 3d DCA 1988).
97-CITE: 544 So.2d 1177 Eddye JONES, Homero Leon, and Greater Area Legal Services, Inc., Appellants, v.
MENTAL HEALTH SERVICES OF ORANGE COUNTY, Florida, et al., Appellees.
TEXT: ON MOTION FOR REHEARING EN BANC DAUKSCH, Judge. We withdraw our previous opinion in this
ca...client. The order awarding fees is reversed. REVERSED. SHARP, C.J., and ORFINGER, COBB and
GOSHORN, JJ., concur. COWART and DANIEL, JJ., dissent.
98-CITE: 517 So.2d 116 Joseph B. POMERANCE and Mildred F. Pomerance, his wife, Appellants, v. K.
Lawrence GRAGG, Appellee.
TEXT: PER CURIAM. This is an appeal by the plaintiffs Joseph and Mildred Pomerance from a final
or...ied, 447 U.S. 924, 100 S.Ct. 3016, 65 L.Ed.2d 1116 (1980). *117 The final order of dismissal
under review is therefore, in all respects, Affirmed.
99-CITE: 718 So.2d 249 Allan R. ARCHEY and Judy R. Archey, Appellants, v. GOVERNMENT HEALTHCARE
SERVICES, A DIVISION OF SPECTRUM EMERGENCY CARE, INC., and Susan D. Snodgrass, Appellees.
TEXT: ALLEN, Judge. The appellants challenge a summary judgment dismissing their medical
malpracti...eriods in the statute. Accordingly, the appealed order is reversed and the case is
remanded. MINER, J., and SMITH, LARRY G., Senior Judge, concur.
100-CITE: 544 So.2d 1059 James C. BURNS, Jr., and Gerda Burns, his wife, Appellants, v. MEDICAL CENTER
HOSPITAL OF LARGO, an affiliate of Hospital Corporation of America, George Spoto, Jr., M.D. and
Diagnostic Clinic, Inc., Appellees.
TEXT: PER CURIAM. The appellants, Mr. and Mrs. Burns, the plaintiffs in the trial court,
challenge...86); Gooding v. University Hosp. Bldg., Inc., 445 So.2d 1015 (Fla.1984). Accordingly,
we affirm. DANAHY, A.C.J., and HALL and PARKER, JJ., concur.
101-CITE: 518 So.2d 366 Peter GOMEZ, Appellant, v. Leo Michael FLYNN, M.D., Appellee.
TEXT: THOMPSON, Judge. This is an appeal from a partial summary final judgment in favor of the
def...04 (Fla.1983), has overruled, superseded, or otherwise affected the rule of Brown v. Wood.
REVERSED and REMANDED. SHIVERS and ZEHMER, JJ., concur.
102-CITE: 528 So.2d 1206 MARTIN McFALL MESSENGER ANESTHESIA PROFESSIONAL ASSOCIATION, Appellant, v.
Sophie GERSHUNY, Appellee.
TEXT: PER CURIAM. The appellant association, a group of physicians, appeals a trial court order
de... HEALTH CARE PROVIDER ENUMERATED IN THE STATUTE. In all other respects, the motion for
rehearing is denied. ANSTEAD, DELL and STONE, JJ., concur.
103-CITE: 662 So.2d 720 Mattie MARSHALL, Appellant, v. Scott C. STEIN, M.D., Scott C. Stein, M.D., P.A.,
and North Broward Hospital District, Appellee.
TEXT: KLEIN, Judge. Plaintiff appeals a defense verdict in a medical malpractice action, arguing
t...he other issues raised by plaintiff and find them to be without merit. Affirmed. SHAHOOD, J.,
and SORONDO, ROLDOLFO, Jr., Associate Judge, concur.
104-CITE: 556 So.2d 1136 Alfred DAMUS, M.D., Petitioner, v. Alexander PARVEZ and Collette Parvez,
Respondents.
TEXT: JORGENSON, Judge. This is a petition for a writ of certiorari seeking review of a trial
cour...e order under review is quashed, and the cause is remanded for further proceedings consistent
with this opinion. Certiorari granted; order quashed.
105-CITE: 538 So.2d 876 NORTH BROWARD HOSPITAL DISTRICT, d b a Broward General Medical Center,
Appellant, v. Rolanda JOHNSON, a minor, by and Through her parents and next friends, Benny JOHNSON
and Barbara Howard, Moises Borten, M.D., et al., Appellees.
TEXT: DOWNEY, Judge. This is a timely appeal from a final judgment awarding $378,300 in attorneys
...y limitation on the fee recoverable against the hospital as provided in section 768.28(8),
Florida Statutes. HERSEY, C.J., and ANSTEAD, J., concur.
106-CITE: 683 So.2d 664 Karen ROBBINS and Eldon Max Robbins, Appellants, v. ORLANDO, H.M.A., INC., etc.,
et al., Appellees.
TEXT: THOMPSON, Judge. Karen Robbins ( Robbins ) and her husband, Eldon Robbins, appeal the trial
...ly with the provisions of Chapter 766. Foshee. The order dismissing the complaint is reversed.
REVERSED. PETERSON, C.J. and W. SHARP, J., concur.
107-CITE: 434 So.2d 27 Arthur SCOZARI, as administrator of the Estate of Teresa Scozari, Appellant, v.
Michael S. MUSCARELLA, M.D., Appellee.
TEXT: PER CURIAM. The affidavit of a physician relied on by plaintiff in opposing defendant s
moti...een, it does not appear conclusively that there are no genuine issues of material fact. See
Holl v. Talcott, 191 So.2d 40, 45 (Fla.1966). Reversed.
108-CITE: 526 So.2d 1036 John NASH, Appellant, v. HUMANA SUN BAY COMMUNITY HOSPITAL, INC., Aaron
Schneider, M.D., Paul H. Sprenger, M.D., and Mark Shay, M.D., Appellees.
TEXT: SCHOONOVER, Judge. The appellant, John Nash, challenges the dismissal with prejudice of his
...e appellees and remand the case for further proceedings consistent with this opinion. Reversed
and remanded. RYDER, A.C.J., and LEHAN, J., concur.
109-CITE: 519 So.2d 1124 SUNCOAST HOMES, INC. and Auto-Owners Insurance Company, Appellants, v. HUMANA
OF FLORIDA, INC., d b a Sun Bay Community Hospital; Sun Bay Community Hospital Medical Staff, Inc.;
Aaron Schneider, M.D.; A. Schneider, M.D., P.A.; and Florida Patients Compensation Fund, Appellees.
TEXT: PER CURIAM. This is an appeal from the trial court s order striking a notice of lien filed
b...88 So.2d 829 (Fla.1986). Reversed and remanded for proceedings not inconsistent herewith.
CAMPBELL, A.C.J., and LEHAN and THREADGILL, JJ., concur.
110-CITE: 438 So.2d 1041 Janice MADDOX, Appellant, v. TALLAHASSEE MEMORIAL REGIONAL MEDICAL CENTER, Dr.
Mark Goldberg, and Dr. W.F. Lindsey, Appellees.
TEXT: PER CURIAM. Plaintiff-appellant was unable to produce expert medical evidence to support
her...on with a motion for rehearing, is a matter within the discretion of the trial court.
AFFIRMED. LARRY G. SMITH, JOANOS and WENTWORTH, JJ., concur.
111-CITE: 642 So.2d 48 SHANDS TEACHING HOSPITAL, Stephen B. Vogel, M.D., and Gordon L. Gibbey, M.D.,
Petitioners, v. William G. MILLER, Jr. and Jacqueline Miller, Respondents.
TEXT: BARFIELD, Judge. Petitioners, defendants in a medical malpractice action, seek certiorari
re...trial court s order is QUASHED, and the cause is REMANDED for entry of an order dismissing the
cause with prejudice. MINER and MICKLE, JJ., concur.
112-CITE: 712 So.2d 481 Lynn GARBER as Personal Representative of the Estate of Frances Golub, deceased
& Lynn Garber, surviving daughter, Appellant, v. Lawrence SNETMAN, M.D., Malcolm Cohen, M.D., Steve
Poliakoff, M.D., Florian Yandel, Jr., M.D., Frank Moya, M.D., and Associates, P.A., and Mount Sinai
Medical Center of Greater Miami, Inc., their agents, servants & employees, Appellees.
TEXT: PER CURIAM. The judgment is affirmed on authority of Mizrahi v. North Miami Med. Ctr.,
Ltd.,...ight. ------------ (FN1) I would prefer that the certified question similarly reflect that
the issue involves both due process and equal protection.
113-CITE: 654 So.2d 664 Agatha DAVIS, Individually, and as parent of Pamela Davis, a minor, Petitioner,
v. ORLANDO REGIONAL MEDICAL CENTER, Respondent.
TEXT: PETERSON, Judge. Petitioners (Davis), plaintiffs in a pending medical malpractice action,
se...da Rule of Civil Procedure 1.190(a) states with regard to the amendment of pleadings, Leave of
court shall be freely given when justice so requires.
114-CITE: 565 So.2d 750 Robert K. FABRIC, M.D., and Robert K. Fabric, M.D., P.A., Appellants, v.
SURGEONS PROFESSIONAL LIABILITY SELF-INSURANCE TRUST FUND, Appellee.
TEXT: PER CURIAM. This is an appeal by the defendants Robert K. Fabric, M.D. and Robert K.
Fabric,...Garwood v. Equitable Life Assurance Soc y of the United States, 299 So.2d 163 (Fla. 3d DCA
1974), cert. denied, 321 So.2d 553 (Fla.1975). Affirmed.
115-CITE: 683 So.2d 637 Rajaa HANANO and George Horak, Appellants, v. Steven P. PETROU, M.D., Mayo
Clinic-Jacksonville; and St. Luke s Hospital Association, Appellees.
TEXT: VAN NORTWICK, Judge. Rajaa Hanano and George Horak, her husband, appeal an order dismissing
...ch the other issues raised by the parties. REVERSED *640 and REMANDED for proceedings consistent
with this opinion. WOLF and PADOVANO, JJ., concur.
116-CITE: 578 So.2d 501 John SMITH and Mary Smith, individually and on behalf of heir minor child, Jack
Smith, Appellants, v. SOUTHWEST FLORIDA BLOOD BANK, INC., Appellee.
TEXT: HALL, Judge. The appellants John and Mary Smith challenge the order dismissing their cause
w... to reach the issue of privity. We affirm the trial court s dismissal of the Smiths complaint.
Affirmed. SCHOONOVER, C.J., and DANAHY, J., concur.
117-CITE: 495 So.2d 900 William SHERRILL and Staci Sherrill, Individually, and as Guardians of the
Property of Heather Marie Sherrill, Appellants, v. FLORIDA MEDICAL MALPRACTICE JOINT UNDERWRITERS
ASSOCIATION and St. Paul Fire and Marine Insurance Company, Appellees.
TEXT: PER CURIAM. AFFIRMED. See Maryland Casualty Company v. Krasnek, 174 So.2d 541 (Fla.1965).
E...ur. TEXT: PER CURIAM. AFFIRMED. See Maryland Casualty Company v. Krasnek, 174 So.2d 541
(Fla.1965). ERVIN, WIGGINTON, AND BARFIELD, JJ., concur.
118-CITE: 707 So.2d 952 Harold ROTHSCHILD, as personal Representative of the estate of Karen Rothschild,
deceased, Appellant, v. NME HOSPITALS, INC., d b a Sunrise Rehabilitation Hospital, Appellee.
TEXT: WARNER, Judge. The trial court granted summary judgment in a medical malpractice claim on
th...it was timely filed. For these reasons, we reverse the order of the trial court and remand for
further proceedings. FARMER and KLEIN, JJ., concur.
119-CITE: 445 So.2d 710 Ricardo FUNDAMENT and Margarida P. Fundament, his wife, Appellants, v. George I.
MAY, M.D., George I. May, M.D., P.A., n k a May Orthopaedics, P.A., The Staff Fund and Florida
Patient s Compensation Fund, Appellees.
TEXT: GLICKSTEIN, Judge. Appellants contend the trial court erred in refusing to give the
followin...nt upon us to affirm; and we do so. See also Beisel v. Lazenby, 444 So.2d 953 (Fla.1984).
WALDEN, J., and GOLDMAN, MURRAY, Associate Judge, concur.
120-CITE: 662 So.2d 733 Catherine McDONALD, Appellant Cross-Appellee, v. MEDICAL IMAGING CENTER OF BOCA
RATON; and Boca Raton Community Hospital, Inc., a Florida corporation, Appellees Cross-Appellants.
TEXT: KLEIN, Judge. Plaintiff appeals an adverse jury verdict in her medical malpractice suit
whic..., WILLIAM C., Jr., Senior Judge, concur. KLEIN, J., did not participate in oral argument but
has reviewed the presentation made at that proceeding.
121-CITE: 639 So.2d 1122 Regina NAZZARO, Appellant, v. Kenneth P. LIROFF and Kenneth P. Liroff, P.A.,
Appellees.
TEXT: PER CURIAM. Ms. Nazzaro won a jury verdict in a legal malpractice action based on the
defend...71 So.2d 217 (Fla. 3d DCA 1973). Accordingly, the cause is remanded with directions to
enter judgment for the appellees. Remanded with directions.
122-CITE: 456 So.2d 498 NORTH BROWARD HOSPITAL DISTRICT d b a Broward General Medical Center, and Jennie
Poore, CRNA, Appellants, v. Nancy FINKELSTEIN and Alexander Finkelstein, her husband, Appellees.
TEXT: PER CURIAM. Mr. and Mrs. Finkelstein sued appellants for medical malpractice and received a
.... Walker, 335 So.2d 636 (Fla. 2d DCA 1976); Miller v. Scobie, 152 Fla. 328, 11 So.2d 892 (1943).
Reversed. DOWNEY, HURLEY and WALDEN, JJ., concur.
123-CITE: 670 So.2d 1050 Herman ZUCKERMAN, Appellant, v. RUDEN, BARNETT, McCLOSKEY, SMITH, SCHUSTER &
RUSSELL, P.A., Appellee.
TEXT: PER CURIAM. Appellant, Herman Zuckerman ( Zuckerman ), appeals an adverse summary judgment
i...red by the statute of limitations. *1052 Accordingly, the trial court s entry of summary
judgment in favor of Ruden Barnett is reversed. Reversed.
124-CITE: 459 So.2d 1148 Johnny WASHINGTON, Sr., etc., Appellant, v. FIREMAN S FUND INSURANCE COMPANY
and Fowler, White, Burnett, Hurley, Banick & Strickfoot, P.A., Appellees.
TEXT: PER CURIAM. Appellant appeals from an order dismissing his complaint with prejudice on the
*...ssignment. Accordingly, this court affirms the trial court s dismissal of the complaint with
prejudice. LETTS, HERSEY and GLICKSTEIN, JJ., concur.
125-CITE: 635 So.2d 997 Billie Tarnove MORRISON, Appellant, v. Robert REED, Appellee.
TEXT: SCHWARTZ, Chief Judge. The appellant is a lawyer who was sued for legal malpractice for her
...------ (FN1) It is unclear, at best, what she is to be subrogated to, or why she would be
entitled to recover against Reed for whatever that may be.
126-CITE: 442 So.2d 235 Robert J. SINGLETON, Appellant, v. WEST VOLUSIA HOSPITAL AUTHORITY, Appellee.
TEXT: ORFINGER, Chief Judge. In this medical malpractice action, the trial court granted
defendant...s Corporation v. Ellis, 403 So.2d 459 (Fla. 5th DCA 1981). REVERSED and REMANDED for a
new trial. DAUKSCH and FRANK D. UPCHURCH, Jr., JJ., concur.
127-CITE: 673 So.2d 871 Antoinette FABER and Robert Faber, her husband, Appellants, v. Dr. Gerald C.
WROBEL, M.D.; Associates In Orthopaedics, P.A., a Florida corporation; Dr. James Huddleston, M.D.,
Manuel M. Pena, M.D., P.A., a Florida corporation; and Manuel M. Pena, M.D., Appellees.
TEXT: BLUE, Judge. Antoinette and Robert Faber appeal the final judgment dismissing their medical
...484 (Fla. 2d DCA 1993). Accordingly, we reverse the order of dismissal and remand for further
proceedings. FRANK, A.C.J., and WHATLEY, J., concur.
128-CITE: 656 So.2d 248 David ARANGO, Appellant, v. Dr. Rex ORR, Appellee.
TEXT: PARKER, Acting Chief Judge. David Arango appeals an order which dismissed with prejudice
his... reverse the order of dismissal and remand for further proceedings in the trial court.
Reversed and remanded. ALTENBERND and LAZZARA, JJ., concur.
129-CITE: 448 So.2d 1039 Jerrold YOUNG, M.D., Appellant, v. Fern ALTENHAUS, Appellee.
TEXT: HENDRY, Judge. Appellant appeals from a final judgment taxing the plaintiff appellee s
attor...ney s fees and costs upon remand of a medical malpractice action after appeal reversing new
trial order and directing reinstatement of jury verdict.
130-CITE: 583 So.2d 1074 Durlene J. DRAKE, Appellant, v. Gary C. SIMONS, et al., Appellees.
TEXT: COBB, Judge. The sole issue on this appeal concerns an alleged incident of attorney
malpract...iaz v. Piquette, 496 So.2d 239 (Fla. 3d DCA 1986), rev. denied, 506 So.2d 1042
(Fla.1987); Birnholz v. Blake, 399 So.2d 375, 377 (Fla. 3d DCA 1981).
131-CITE: 669 So.2d 269 Henry and Donna MOGLER, Individually, and as Personal Representatives of the
Estate of Michael Mogler, Deceased, Appellants, v. Dirk FRANZEN, M.D., and Dirk Franzen, M.D., P.A.,
Appellees.
TEXT: PER CURIAM. This appeal from a final summary judgment raises the primary issue of whether
de... Clarification, for Rehearing En Banc, and for Certification is denied. STONE and FARMER, JJ.,
and STREITFELD, JEFFREY E., Associate Judge, concur.
132-CITE: 579 So.2d 188 Patricia Boss MOORE, Individually and as Next Friend of Michael Moore, a Minor,
Appellant, v. WINTER HAVEN HOSPITAL, Allan Erde, M.D., P.A., R.K. Rocky Wells, M.D., and R.K. Rocky
Wells, M.D., P.A., Appellees.
TEXT: PATTERSON, Judge. Patricia Boss Moore appeals from a final summary judgment in which the
tri...re s amended complaint. FRANK, A.C.J., and HALL, J., concur. ------------ (FN4) See Universal
Engineering Corp. v. Perez, 451 So.2d 463 (Fla.1984).
133-CITE: 548 So.2d 891 Irwin LIGHTERMAN, M.D., Appellant, v. Martha PORTER, individually, and as mother
and natural guardian of Audra Porter, a minor, Appellee.
TEXT: PER CURIAM. Appellant Irwin Lighterman, M.D., appeals entry of partial summary judgment
agai...28 So.2d 1184 (Fla.1988); see Buzan v. Mercy Hospital, Inc., 203 So.2d at 12. The partial
summary judgment should not have been entered. Reversed.
134-CITE: 488 So.2d 630 Lynn M. TAPPAN, as Personal Representative of the Estate of Robert E. Tappan,
deceased, Appellant, v. FLORIDA MEDICAL CENTER, INC., etc., et al., Appellees.
TEXT: RIVKIND, LEONARD, Associate Judge. Robert Tappan died of lung cancer. Appellant, Lynn M.
Tap...tion against appellees under the survival statute. Affirmed in part, reversed in part, and
remanded with directions. DOWNEY and DELL, JJ., concur.
135-CITE: 524 So.2d 458 Donna L. GLINECK, Appellant, v. Carl W. LENTZ, III, et al., Appellees.
TEXT: COWART, Judge. An allegation that the plaintiff-patient gave the defendant-doctor actual
ora...y strain the system. Because I strongly believe that we should not elevate form over
substance, I would hold the allegations sufficient and reverse.
136-CITE: 466 So.2d 342 Julius A. OKUBOYE, M.D., Appellant, v. HUBERT RUTLAND HOSPITAL a k a Gateway
Community Hospital and Hartford Insurance Company, Appellees.
TEXT: CAMPBELL, Judge. Appellant, Julius A. Okuboye, M.D., appeals the trial court s entry of
summ...ttorney s fees and costs. We are not dealing with the issue of contribution among joint
tortfeasors. Affirmed. OTT, A.C.J., and LEHAN, J., concur.
137-CITE: 533 So.2d 1194 Susan E. GIFFORD, Appellant, v. David M. PEDLEY, D.M.D., Appellee.
TEXT: SCHEB, Judge. Susan Gifford appeals a final summary judgment in favor of Dr. David Pedley
in...y the trial court and should not be resolved in this appeal. Reversed and remanded for further
proceedings. CAMPBELL, C.J., and FRANK, J., concur.
138-CITE: 444 So.2d 1021 IOWA MUTUAL INSURANCE COMPANY, Appellant, v. Fernando LOPEZ; Jonathan P. Lynn;
Stephens, Thornton & Schwartz, P.A.; and Northbrook Excess and Surplus Insurance Company, Appellees.
TEXT: PER CURIAM. The orders under review in these consolidated appeals dismissing the appellant
s... claim for professional malpractice is affirmed without prejudice to the appellant instituting
an independent action based on such claim. Affirmed.
139-CITE: 744 So.2d 480 Edda FERRARI, Petitioner, v. Edward C. VINING, Jr., Esq., Respondent.
TEXT: PER CURIAM. Petitioner Edda Ferrari, plaintiff in a legal malpractice action against her
for...perly compels discovery of privileged information pursuant to the attorney-client privilege we
grant certiorari review and quash the order at issue.
140-CITE: 586 So.2d 72 Vickie NEMETH, as Personal Representative of the Estate of Christopher Nemeth,
Deceased, for the use and benefit of the survivors, to wit: Vickie Nemeth, Anthony Paul Nemeth, a
minor, Monica Lynn Nemeth, a minor, and Danielle Mychal Nemeth, a minor, Appellants, v. Ben B.
HARRIMAN, M.D., and Clearwater Pathology Associates, M.D. s, P.A., f k a Leonard and Gillotte, M.D.
s, P.A., Appellees.
TEXT: LEHAN, Judge. We reverse the dismissal with prejudice of this wrongful death suit for
medica... FROM THE ALLEGED MALPRACTICE DID NOT MANIFEST ITSELF WITHIN THE STATUTORY FOUR YEAR
PERIOD? Reversed. DANAHY, A.C.J., and PATTERSON, J., concur.
141-CITE: 510 So.2d 977 Avis QUARREL, Appellant, v. Donald MINERVINI, M.D., Donald MINERVINI, M.D.,
P.A., Appellee.
TEXT: PER CURIAM. After the trial of this cause we decided Maleh v. Florida East Coast
Properties,.... Section 90.706, Fla.Stat. (1985); Medina v. Variety Children s Hospital, 438 So.2d
138 (Fla. 3d DCA 1983). Reversed and remanded for a new trial.
142-CITE: 638 So.2d 1056 CONTINENTAL NATIONAL BANK, Appellant, v. Sara BRILL, Appellee.
TEXT: PER CURIAM. Continental National Bank appeals from an order denying its motion to intervene
...proved by the court. Section 768.25, Fla. Stat. (1993). (FN2) We express no opinion on the
fairness of the allocation as it is presently structured.
143-CITE: 734 So.2d 1099 Michael J. CASCIO, Appellant, v. ST. JOSEPH HOSPITAL OF PORT CHARLOTTE, INC.;
Rita Greer, R.N.; and Daniel Tufariello, M.D., Appellees.
TEXT: QUINCE, Associate Judge. Michael Cascio (Cascio) challenges the grant of summary judgment
in...We believe the true cause of the seizure presents a genuine issue of material fact which makes
the grant of summary judgment at this stage improper.
144-CITE: 728 So.2d 260 William VILLAFANA, and Marlein Villafana, his wife, Appellants, v. STATE of
Florida, Appellee.
TEXT: PER CURIAM. The Villafanas, husband and wife, non-physicians, formed a corporation named On
...ense, they did not aid or abet his misdiagnosis of her. AFFIRMED in part; REVERSED in part and
REMANDED. W. SHARP, HARRIS and ANTOON, JJ., concur.
145-CITE: 505 So.2d 14 Priscilla KRANIS and Robert Kranis, her husband, Appellants, v. C. Gary ZAHLER,
M.D., Appellee.
TEXT: PER CURIAM. Appellants seek reversal of an adverse final judgment in their action against
ap....2d 477 (Fla. 1st DCA 1974); DuPuis v. 79th Street Hotel, Inc., 231 So.2d 532, 536 (Fla. 3d
DCA), cert. denied, 238 So.2d 105 (Fla.1970). Affirmed.
146-CITE: 670 So.2d 1198 Alfred DAMIANO as Personal Representative of the Estate of Francine Damiano,
deceased; Alfred Damiano, individually; Anthony Damiano, Michele Damiano, and Christine Damiano,
minors, individually, by and through their parent and next friend, Appellants, v. Grover McDANIEL,
M.D.; Grover McDaniel, M.D., P.A.; and Community Blood Centers of South Florida, Inc., f k a Broward
Community Blood Center, Inc., a Florida corporation, jointly and severally, Appellees.
TEXT: STONE, Judge. We affirm the final order granting summary judgment in favor of Appellees on
t...ons of fraud, concealment, or intentional misrepresentation, the extension of time applicable to
such claims under section 95.11(4)(b) cannot apply.
147-CITE: 501 So.2d 658 INDIAN RIVER HOSPITAL DISTRICT d b a Indian River Memorial Hospital, Appellant,
v. Carmen SANTIAGO, a widow, Romas Sakalas, M.D., Romas Sakalas, M.D., P.A., a corporation, Vero
Orthopadics and Florida Patients Compensation Fund, Appellees.
TEXT: PER CURIAM. AFFIRMED. HERSEY, C.J., and DOWNEY, J., concur. GLICKSTEIN, J., dissents with
... with all due respect to the able trial court, is without an adequate predicate in the record to
sustain the majority s conclusion here, in my view.
148-CITE: 629 So.2d 998 Nettie STEIN and Arthur Stein, Appellants. v. Jeffrey FEINGOLD, (DR.) and Morton
Reiss, D.D.S., Appellees.
TEXT: BARKDULL, Judge. A medical practitioner, Feingold, through an associate, Reiss, rendered
med.... Reiss and return the matter to the trial court for further proceedings not inconsistent with
this opinion. Reversed and remanded with directions.
149-CITE: 564 So.2d 184 Arnold D. HESSEN, Alfredo F. De Castro, Robert L. Schimmel, and Hessen, Schimmel
& De Castro, a Florida professional service corporation, Appellants Cross-appellees, v. Joseph H.
KAPLAN, Richard A. Sicking, Robert A. Sugarman, Gerald Rosenthal, Howard S. Susskind, Steven Bloom,
and Kaplan, Sicking, Hessen, Sugarman, Rosenthal, Susskind, Bloom & De Castro, P.A., a Florida
professional service corporation, Appellees Cross-appellants.
TEXT: PER CURIAM. Appellants Cross-appellees, Arnold D. Hessen, Alfredo F. De Castro, Robert L.
Sc... a $28,000 judgment in its stead. We affirm the denial of attorney s fees and interest to
Kaplan. Affirmed in part, reversed in part, and remanded.
150-CITE: 604 So.2d 564 John M. ROBERTS, a minor, By and Through his mother and natural guardian, Rhonda
Y. DRUSKO, and Rhonda Y. Drusko, individually, Appellants, v. Thomas J. ABRUNZO, M.D. and
Metropolitan General Hospital, Inc., a Florida corporation, Appellees.
TEXT: BLUE, Judge. John M. Roberts, a minor, and his mother Rhonda Y. Drusko (collectively
referre...fidavit and to reconsider the summary judgment and final judgment for costs. Reversed and
remanded. SCHOONOVER, A.C.J., and PATTERSON, J., concur.
151-CITE: 734 So.2d 432 HOLMES REGIONAL MEDICAL CENTER, INC., Petitioner, v. Susan NEAL and Steven M.
Neal, Respondents.
TEXT: W. SHARP, J. Holmes Regional Medical Center, Inc. (Holmes) seeks certiorari review of the
tr...es, or whether such information was even considered by the committees. Petition for Writ of
Certiorari DENIED. PETERSON and THOMPSON, JJ., concur.
152-CITE: 515 So.2d 269 Fatimeh T. ABDELAZIZ, a k a Tina Aziz, individually and as survivor of Baby Boy
Abdelaziz, deceased, and Illian Abdelaziz, her husband and as survivor of Baby Boy Abdelaziz,
Appellants, v. A.M.I.S.U.B. OF FLORIDA, INC., d b a Southeastern Medical Center, Dr. Alan Altman and
Barry Feingold, P.A., Appellees.
TEXT: HUBBART, Judge. This is an appeal by the plaintiffs from adverse final summary judgments
ent...easons, we affirm the final summary judgments under review, but reverse the attorney s fee
awards under review. Affirmed in part; reversed in part.
153-CITE: 519 So.2d 742 George MEKRAS, M.D., Appellant, v. Howard MARLOW and Linda Marlow, his wife,
Appellees.
TEXT: PER CURIAM. This is an appeal from a trial court order denying the defendant George Mekras
m...iffs, armed with these witnesses, have since refiled the instant action against the defendant,
and the said action remains pending below. Affirmed.
154-CITE: 542 So.2d 1026 Henry F. MOORE, Appellant, v. Susan M. MOORE, Appellee.
TEXT: PER CURIAM. The issues involved in this appeal, from the trial court s dismissal of the
husb...e heard after the parties have had an opportunity to obtain adequate discovery) and such
other proceedings as may be consistent herewith. Reversed.
155-CITE: 549 So.2d 1039 Richard F. DeROSA and Kerry C. DeRosa, his wife, Appellants, v. SHANDS TEACHING
HOSPITAL AND CLINICS, INC., and Florida Board of Regents, Appellees.
TEXT: WENTWORTH, Judge. Appellants seek review of an order awarding attorney s fees to appellees
f...asis for the award of costs to the Board. I would therefore REVERSE that portion of the
judgment awarding the Board of Regents both fees and costs.
156-CITE: 615 So.2d 257 Cameron JOHNSON, By and Through his parents and natural guardians, Rose JOHNSON
and Errol Johnson; Rose Johnson and Errol Johnson, individually, Petitioners, v. MT. SINAI MEDICAL
CENTER OF GREATER MIAMI, INC., Respondent.
TEXT: PER CURIAM. This is a petition for a writ of certiorari, filed by the plaintiffs in a
medica...nsel do all the talking. Plainly, such an interview is not prohibited in any way by Section
455.241(2), Florida Statutes (1991). Certiorari denied.
157-CITE: 674 So.2d 765 UNIVERSITY OF MIAMI, d b a University of Miami School of Medicine, and The
Public Health Trust d b a Jackson Memorial Hospital, Appellants, v. Karina ZEPEDA, a minor, By and
Through her parents and as natural guardians, Luis and Dora ZEPEDA, and Florida Birth-Related
Neurological Injury Compensation Association, Appellees.
TEXT: PER CURIAM. Appellants appeal a final order of the Division of Administrative Hearings
which... (Fla. 5th DCA 1984) (citing Jet Air Freight v. Jet Air Freight Delivery, Inc., 264 So.2d 35
(Fla. 3d DCA), cert. denied, 267 So.2d 833 (Fla.1972)).
158-CITE: 474 So.2d 1281 Laura Mae WILLIAMS, as personal representative of Eugene Williams, deceased,
Appellant, v. PUBLIC HEALTH TRUST OF DADE COUNTY, FLORIDA, d b a Jackson Memorial Hospital,
Appellee.
TEXT: PER CURIAM. We reverse the order of the trial court dismissing plaintiff s first amended
com...that the complaint states a cause of action regarding the duty of care owed to plaintiff s
decedent. Reversed and remanded for further proceedings.
159-CITE: 596 So.2d 1205 Donna GALLOWAY, Appellant, v. LAW OFFICES OF MERKLE, BRIGHT and SULLIVAN, P.A.,
Appellee.
TEXT: PER CURIAM. This appeal arises out of a legal malpractice claim. Appellant s suit claimed
th... For the foregoing reasons, we reverse and remand for further proceedings. DOWNEY and WARNER,
JJ., and OWEN, William C., Jr., Senior Judge, concur.
160-CITE: 695 So.2d 1271 Robert Eliot BARDEN, M.D. and Robert Eliot Barden, M.D., P.A., Appellants, v.
Justin W. HADDOX, a minor, etc., et al, Appellees.
TEXT: ANTOON, Judge. We have for review the trial court s order dismissing with prejudice a
medica...tin s malpractice action was required. The trial court possessed no authority to retain
jurisdiction. REVERSED. GRIFFIN and THOMPSON, JJ., concur.
161-CITE: 566 So.2d 897 EMPLOYER SERVICE CORP., and Fuchs Baking Co., Appellants, v. Patricia C.
SZLOSEK, spouse and personal representative of the Estate of Francis Szlosek, Beltran J. Pages,
M.D., Jess V. Cohen, M.D., P.J. Cohen, M.D., P.A., Psychological Medical Center Delray, Inc.,
Appellees.
TEXT: PER CURIAM. Some time after a work related injury, Mr. Szlosek committed suicide and his
wid...ver from the settlement proceeds the benefits they paid to the appellees. ANSTEAD and
GLICKSTEIN, JJ., and MARTIN D. KAHN, Associate Judge, concur.
162-CITE: 557 So.2d 912 Irwin J. WEINER and Druck, Hicks and Weiner, a Florida General Partnership,
Appellants, v. PRUDENTIAL MORTGAGE INVESTORS, INC., a Florida corporation, Appellee.
TEXT: SCHWARTZ, Chief Judge. The appellants are attorneys who reside and practice in Marion
County...med the plaintiff of what they were doing, but that they had not, in fact, done what they
were required by contract and professional due care to do.
163-CITE: 674 So.2d 923 COLONIAL MEDICAL SPECIALTIES of SOUTH FLORIDA, INC., a Florida corporation,
Petitioner, v. UNITED DIAGNOSTIC LABORATORIES, INC., a Florida corporation, et al., Respondents.
TEXT: PER CURIAM. We grant the Petition for writ of certiorari and quash the discovery order of
th...ere is no adequate remedy on appeal. PETITION FOR WRIT OF CERTIORARI GRANTED; ORDER QUASHED.
GUNTHER, C.J., and GLICKSTEIN and POLEN, JJ., concur.
164-CITE: 710 So.2d 772 James PHILLIPS, M.D., Family Practice Center, Inc., James Byrnes, M.D., Premier
Medical Group, P.A., Hanley-Hazelden Center at St. Mary s, a Florida nonprofit corporation, Thomas
L. Purcell, M.D., Thomas L. Purcell, M.D., P.A., d b a The Purcell Institute, Jerome Werner, M.D.,
and Walk-In Family Centers, Inc., a Florida corporation, Petitioners, v. Susan Monson KOEPKE,
Individually and as personal representative of the Estate of Kurt August Koepke, Respondents.
TEXT: PER CURIAM. Defendants in a medical malpractice case seek certiorari review of an order
deny... Inc. v. Dingler, 697 So.2d 575 (Fla. 1st DCA 1997). CERTIORARI DENIED. POLEN and
STEVENSON, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
165-CITE: 611 So.2d 1328 Moises RUB, M.D.; Moises Rub, M.D., P.A., Petitioners, v. Sonya Gardner
WILLIAMS, as natural mother and guardian of Donald Stringer, Jr., and individually, and Donald
Stringer, Sr., individually; Variety Children s Hospital, a Florida corporation, d b a Miami
Children s Hospital; North Shore Medical Center, Inc., a Florida corporation, Respondents.
TEXT: PETITION FOR WRIT OF CERTIORARI PER CURIAM. The petitioner, Dr. Moises Rub, seeks review
of...ld use the unsworn statement for impeachment. We grant certiorari and quash the trial court s
order permitting the use of this privileged statement.
166-CITE: 528 So.2d 999 GENERAL CONFERENCE OF the SEVENTH DAY ADVENTISTS, Appellant, v. Shanthabai
SMITH, et al., Appellees.
TEXT: PER CURIAM. On the authority of Liberty Mut. Ins. Co. v. Chambers, 526 So.2d 66 (Fla.1988),
...ed with directions to fix an appropriate lien in favor of the appellant. Accord Marriott
In-Flight Servs. v. Arza, 528 So.2d 135 (Fla. 3d DCA 1988).
167-CITE: 569 So.2d 1295 ADVENTIST HEALTH SYSTEM SUNBELT, INC., etc., Petitioner, v. Marlene HEGWOOD,
etc., Respondent.
TEXT: EN BANC W. SHARP, Judge. Adventist Health System Sunbelt, Inc., d b a Florida Hospital,
see... law. Accordingly, we deny the petition for writ of certiorari. DENIED. DAUKSCH, COBB,
COWART, GOSHORN, HARRIS, PETERSON and GRIFFIN, JJ., concur.
168-CITE: 734 So.2d 441 Daniel HAZEN and Marlene Hazen, his wife, Appellants, v. Barry KAPLAN, M.D., et
al, Appellees.
TEXT: THOMPSON, J. Daniel Hazen and his wife, Marlene Hazen, appeal a final summary final
judgment... the limitations period, and Hazen s medical malpractice action against the appellees
herein is barred. AFFIRMED. DAUKSCH and HARRIS, JJ., concur.
169-CITE: 689 So.2d 1059 Alfred DAMIANO, etc., et al., Petitioners, v. Grover McDANIEL, M.D., et al.,
Respondents.
TEXT: GRIMES, Justice. We review Damiano v. McDaniel, 670 So.2d 1198, 1199 (Fla. 4th DCA 1996),
wh...d Harriman v. Nemeth, 616 So.2d 433 (Fla.1993). Moreover, Diamond was a products liability
action involving an entirely different statute of repose.
170-CITE: 667 So.2d 264 Robert L. STEELE, M.D., and Robert L. Steele, M.D., P.A., Petitioners, v. Cecil
L. DAVIS, JR., as Guardian ad litem, for and on behalf of Anna Nicole Carlson, a minor, Respondent.
TEXT: PER CURIAM. Petitioners, Robert L. Steele and Robert L. Steele, M.D., P.A., seek a writ of
c...t DCA 1993); Shands Teaching Hospital and Clinics, Inc. v. Barber, 638 So.2d 570 (Fla. 1st DCA
1994). MICKLE, BENTON AND VAN NORTWICK, JJ., concur.
171-CITE: 585 So.2d 1151 Harold L. FARANCZ, Appellant, v. ST. MARY S HOSPITAL, INC., Appellee.
TEXT: FARMER, Judge. We conclude that the statute of limitations bars appellant s claim of
employm...not intend any such tolling. The trial judge s dismissal must be AFFIRMED. GLICKSTEIN,
C.J., and STREITFELD, JEFFREY E., Associate Judge, concur.
172-CITE: 697 So.2d 1297 OKALOOSA COUNTY, Florida, a political subdivision of the State of Florida, and
Nick Nicholson, in his official capacity as Chairman of the Okaloosa County Board of County
Commissioners, Petitioners, v. Francis C. CUSTER, Respondent.
TEXT: PER CURIAM. Okaloosa County petitions for a writ of certiorari seeking review of the denial
...portion of the complaint that states a cause of action for ordinary negligence, the petition is
denied. JOANOS, WOLF and VAN NORTWICK, JJ., concur.
173-CITE: 472 So.2d 1155 Neil J. KARLIN, M.D., et al., Petitioners, v. Donna DENSON, et vir.,
Respondents.
TEXT: OVERTON, Justice. This is a petition to review Karlin v. Denson, 447 So.2d 897 (Fla. 4th
DCA... so ordered. BOYD, C.J., and ADKINS, ALDERMAN, McDONALD and SHAW, JJ., concur. EHRLICH, J.,
did not participate in the consideration of this case.
174-CITE: 593 So.2d 1214 Jack M. MEZRAH, M.D., and Mezrah, Cohen and Saphier, P.A., Appellants, v.
Lillie Grace BEVIS, Appellee.
TEXT: LEHAN, Acting Chief Judge. In this medical malpractice action the defendants, a
gynecologist...red. As noted above, she produced sufficient evidence in that regard. Affirmed.
THREADGILL, J., and McDONALD, RANDALL G., Associate Judge, concur.
175-CITE: 683 So.2d 1135 SOUTH BROWARD HOSPITAL DISTRICT, d b a Memorial Hospital, Petitioner, v.
Brittnay DUPONT, a minor By and Through her parents and natural guardians Robin Dupont and Steven
Dupont, and Robin Dupont and Steven L. Dupont, individually, Eric N. Freling, M.D., Eric N. Freling,
M.D., P.A., and The Florida Birth Related Neurological Injury Compensation Association Plan,
Respondents.
TEXT: KLEIN, Judge. Petitioner hospital, a defendant in a malpractice case, seeks a writ of
certio... Florida *1136 Statutes, regarding punitive damages, is distinguishable. The petition is
therefore dismissed. GUNTHER, C.J., and DELL, J., concur.
176-CITE: 503 So.2d 905 Frank HELLINGER, M.D., Rodney Dunaway, M.D., Charles J. Kurth, M.D., and
Adventist Health Systems Sun Belt, Inc., d b a Florida Hospital (formerly known as Florida
Sanitarium and Benevolent Association), Petitioners, v. Russell Charles FIKE, as Personal
Representative of the Estate of Evelyn Margaret Fike, Deceased, Respondent.
TEXT: ON PETITION FOR WRIT OF PROHIBITION DAUKSCH, Judge. This matter is before this court on
pet...ent is affirmed on the authority of Dade County v. Ferro and the petition for writ of
prohibition is denied. DENIED. COBB and COWART, JJ., concur.
177-CITE: 592 So.2d 367 NORTH BROWARD HOSPITAL DISTRICT, d b a Broward General Medical Center, etc., et
al., Petitioners, v. William L. BUTTON, etc., et al., Respondents.
TEXT: PER CURIAM. Petitioners, defendants below in a medical malpractice action, seek review of
th...ber 31, 1991, are quashed and this cause is remanded for further proceedings consistent with
this opinion. HERSEY, WARNER and GARRETT, JJ., concur.
178-CITE: 619 So.2d 980 Gayle Deschaine WILLIAMS and Garris Williams, etc., Appellant, v. David W.
POWERS, etc., et al., Appellee.
TEXT: W. SHARP, Judge. Gayle and Garris Williams appeal from an order dismissing their medical
mal... J. and WHITE, A.B., Associate Judge, concur. ------------ (FN2) Stebilla v. Mussallem, 595
So.2d 136 (Fla. 5th DCA 1992). (FN3) Fla.R.Civ.P. 1.280.
179-CITE: 635 So.2d 945 J.B., et al., Appellants, v. SACRED HEART HOSPITAL OF PENSACOLA, Appellee.
TEXT: SHAW, Justice. We have for review two certified questions from federal circuit court (FN1)
t...n this case to that court for further proceedings. It is so ordered. BARKETT, C.J., and
OVERTON, McDONALD, GRIMES, KOGAN and HARDING, JJ., concur.
180-CITE: 662 So.2d 1361 Carmen Theresa ESCOBAR, Petitioner, v. Lauro OLORTEGUI, D.D.S., Respondent.
TEXT: PER CURIAM. Carmen Theresa Escobar (Escobar) seeks a writ of certiorari directed to the
tria...orroborating expert affidavit. We remand for further proceedings consistent with this
petition. GUNTHER, C.J., and POLEN and PARIENTE, JJ., concur.
181-CITE: 520 So.2d 56 The LOWER FLORIDA KEYS HOSPITAL DISTRICT d b a Florida Keys Memorial Hospital,
etc., et al., Appellants, v. Mark B. LITTLEJOHN, a minor, et al., Appellees.
TEXT: PER CURIAM. This is an appeal by three defendants from an adverse trial court order
awarding...order under review is reversed, however, as to the defendant Florida Patient s
Compensation Fund. Affirmed, in part, as modified; reversed in part.
182-CITE: 670 So.2d 1094 Kimberly KELLEY, Appellant, v. Everett S. RICE, Sheriff of Pinellas County,
Florida, Appellee.
TEXT: CAMPBELL, Judge. Appellant, Kimberly Kelley, a former inmate at the Pinellas County Jail,
ch...ppellee s alleged simple negligence. Affirmed in part, reversed in part and remanded with
instructions. RYDER, A.C.J., and SCHOONOVER, J., concur.
183-CITE: 554 So.2d 8 NORTH SHORE MEDICAL CENTER, INC., Appellant, v. Lucretia KENNEDY, Appellee.
TEXT: PER CURIAM. This is an appeal by appellant, North Shore Medical Center, Inc. (appellant),
fr...able. This is because we find that appellant s arguments on this point are wholly unsupported
by the record. Reversed and remanded with directions.
184-CITE: 558 So.2d 516 Gregory A. WILKERSON, Appellant, v. Gerald B. STERNSTEIN and Mcfarlain,
Sternstein, Wiley & Cassedy, P.A., Appellees. Gregory A. WILKERSON, Appellant, v. Gerald HART,
Appellee.
TEXT: PER CURIAM. These legal malpractice actions have been consolidated for appeal on an issue
re... 1983), but we find the cases to be clearly distinguishable. Accordingly, the order appealed
from is affirmed. SMITH, MINER and ALLEN, JJ., concur.
185-CITE: 457 So.2d 1377 Terrence M. ASH, D.C., Petitioner, v. Nicholas A. STELLA, etc., Respondent.
TEXT: PER CURIAM. We have for review a decision of a district court of appeal, Stella v. Ash, 425
...nding for further proceedings. It is so ordered. OVERTON, ALDERMAN, McDONALD, EHRLICH and SHAW,
JJ., concur. BOYD, C.J., and ADKINS, J., dissent.
186-CITE: 554 So.2d 1188 Daniel E. RHOADES, Appellant, v. SOUTHWEST FLORIDA REGIONAL MEDICAL CENTER,
William Bess, M.D., Michael Metke, M.D., Charles Shook, M.D., B. K. Tipton, M.D., Larry S.
Eisenfield, M.D., Douglas S. McCall, M.D., Michael Heller, M.D., George Mestas, M.D. and Kyle,
Sheridan, Thorn, M.D., P.A., Appellees.
TEXT: PATTERSON, Judge. Section 768.57, Florida Statutes (1987), (FN1) governs the filing of
medic... pass on this question. Reversed and remanded with instructions to reinstate the plaintiff
s complaint. SCHEB, A.C.J., and SCHOONOVER, J., concur.
187-CITE: 523 So.2d 1266 Santiago LEYTE-VIDAL, M.D., Appellant, v. Charles W. MURRAY, Appellee.
TEXT: COBB, Judge. The issue in this appeal is whether the trial court properly entered a partial
...s favor judgment should be entered for Murray based upon the jury verdict returned in 1987.
REVERSED and REMANDED. COWART and DANIEL, JJ., concur.
188-CITE: 659 So.2d 1265 Rosa Gonzalez MIELES, Appellant, v. SOUTH MIAMI HOSPITAL, Appellee.
TEXT: PER CURIAM. Rosa Gonzalez Mieles appeals an order granting South Miami Hospital s motion to
... DCA 1993), review denied, 639 So.2d 980 (Fla.1994). Accordingly, we reverse the order
dismissing the complaint and remand for further proceedings.
189-CITE: 589 So.2d 1379 Harry BABUSH and Evelyn Babush, Appellants, v. AMERICAN HOME PRODUCTS
CORPORATION, Appellee.
TEXT: HERSEY, Judge. This is an appeal from a summary final judgment in a products liability
case....ccordingly, we reverse and remand for further proceedings in accordance with this opinion.
REVERSED AND REMANDED. GUNTHER and FARMER, JJ., concur.
190-CITE: 661 So.2d 393 SOVA DRUGS, INC., et al., Petitioners, v. Traiy Patrick BARNES, et al.,
Respondents.
TEXT: W. SHARP, Judge. The mother of Traiy Patrick Barnes, respondent in this case, filed suit
aga...4); Chandra v. Gadodia, 610 So.2d 15 (Fla. 5th DCA 1993), cert. denied, 621 So.2d 432
(Fla.1993). (FN2) See Section 766.101(1)(b), Fla.Stat. (1993).
191-CITE: 675 So.2d 1051 ADVENTIST HEALTH SYSTEM SUNBELT, INC., etc., Appellant, v. John D. WATKINS and
Ginny B. Watkins, his wife, Appellees.
TEXT: PETERSON, Chief Judge. Adventist Health System Sunbelt, Inc., d b a Florida Hospital,
appeal...egel s affidavit that support Watkins allegations that he was dropped. The final judgment
is affirmed. AFFIRMED. DAUKSCH and ANTOON, JJ., concur.
192-CITE: 556 So.2d 1219 Fernando JIMENEZ, M.D., Appellant, v. DEPARTMENT OF PROFESSIONAL REGULATION,
BOARD OF MEDICINE, Appellee.
TEXT: DOWNEY, Judge. This is a timely administrative appeal from a final order of the Department
o...of Professional Regulation v. Bernal, 531 So.2d 967 (Fla.1988). Accordingly, we affirm the
Final Order appealed from. DELL and STONE, JJ., concur.
193-CITE: 490 So.2d 967 Michael P. VAH, Appellant, v. GARNER EMERGENCY PHYSICIANS, P.A., a professional
service corporation, and Halifax Hospital Medical Center, a special tax district, Appellee.
TEXT: COBB, Chief Judge. The appellant, Michael Vah, timely appeals the grant of summary final
jud...); Mlenak v. Roland Offsetmaschinfabrik, Faber & Schleicher, 408 So.2d 619 (Fla. 4th DCA
1981); Phillips v. Hall, 297 So.2d 136 (Fla. 1st DCA 1974).
194-CITE: 442 So.2d 992 Ralph LIPSHAW, individually and as Co-Personal Representative of the Estate of
Jonathan Michael Lipshaw, deceased; and Alice Lipshaw, individually and Co-Personal Representative
of the Estate of Jonathan Michael Lipshaw, deceased, Appellants, v. PINOSKY, PINOSKY, P.A., Ibanez,
Cullen, Variety Children s Hospital, Fishbain, Jackson Memorial Hospital, Wagshul, Lopez, Stewart &
Wagshul, P.A., National Medical Care of Miami, Inc., d b a Highland Park Hospital, Appellees.
TEXT: PER CURIAM. This is an appeal from two final orders of dismissal entered in favor of
certain...action proper only if defendants show conclusively from the face of the complaint that the
cause of action is barred by the statute of limitations).
195-CITE: 440 So.2d 681 Glenn L. POHLMAN, M.D.; Vinod D. Deshmukh, M.D.; Jacksonville Neurological
Clinic, P.A.; Joseph J. Lowenthal, M.D.; Lowenthal & Puestow, P.A.; Melvin Greer, M.D.; Edward
Valenstein, M.D.; David Yocum, M.D.; and Florida Physicians Insurance Reciprocal, Appellants, v.
John E. MATHEWS and Gwendolyn G. Mathews, his wife, Appellees.
TEXT: JOANOS, Judge. In this medical malpractice action, the appellants, Dr. Pohlman and others (
...ROCESS, OR ACCESS TO THE COURTS? REVERSED AND REMANDED for further proceedings in light of this
opinion. LARRY G. SMITH and WENTWORTH, JJ., concur.
196-CITE: 587 So.2d 572 William CARPENTER and Jean Carpenter, Appellants, v. Manuel ALONSO, M.D., and
Radiology Associates of South Miami, P.A. Appellees.
TEXT: PER CURIAM. We find no error in the trial court limiting expert witnesses in a medical
malpr...tor to testify as to his care of the plaintiff would not be a violation of this expert
witness limitation. Final judgment under review is affirmed.
197-CITE: 625 So.2d 98 Victoria Grace CARDENAS, a minor child, by and through her next friend and
natural guardian, Christine CARDENAS, individually and as mother of Victoria Grace Cardenas,
Appellant, v. Wayne L. GODBOLD, M.D., Wayne L. Godbold, M.D. Chartered and West Orange Memorial
Hospital Tax District d b a West Memorial Hospital and West Memorial Hospital, a subdivision of the
State of Florida, Appellees.
TEXT: COBB, Judge. The issue on this appeal is whether final summary judgment in favor of a
health...nd confusing in many instances. REVERSED and REMANDED for further proceedings consistent
with this opinion. HARRIS, C.J., and DAUKSCH, J., concur.
198-CITE: 557 So.2d 572 Gerald S. KAUFMAN, etc., et al., Petitioners, v. Patricia MacDONALD, Respondent.
TEXT: GRIMES, Justice. We review Kaufman v. Macdonald, 545 So.2d 913, 913 (Fla. 4th DCA 1989), in
...ve the opinion of the district court of appeal. It is so ordered. *574 EHRLICH, C.J., and
OVERTON, McDONALD, SHAW, BARKETT and KOGAN, JJ., concur.
199-CITE: 502 So.2d 65 In re the ESTATE OF John P. BRONK, Deceased. ST. PAUL FIRE AND MARINE INSURANCE
COMPANY, Appellant, v. Daniel A. BRONK, as Personal Representative of the Estate of John P. Bronk,
Deceased, Appellee.
TEXT: PER CURIAM. A judgment for attorneys fees and costs awarded to a successful defendant in a
m...only against the assets of the estate. Johnson v. Schneegold, 419 So.2d 684 (Fla. 2d DCA 1982).
AFFIRMED. SMITH, JOANOS and BARFIELD, JJ., concur.
200-CITE: 570 So.2d 362 Douglas J. LOVE, Petitioner, v. Eloise Posey CRUGER, as Parent and Guardian of
the Minor, Ashanti Posey, Respondent.
TEXT: PER CURIAM. Douglas J. Love, M.D., defendant in a medical malpractice suit concerning
treatm... and the trial court s order overruling petitioner s objection is quashed. DOWNEY and
GARRETT, JJ., concur. GUNTHER, J., dissents without opinion.
201-CITE: 562 So.2d 384 Alpha SHEFFIELD and Wesley Sheffield, her husband, Appellants, v. Albert J.
DAVIS, M.D. and Albert J. Davis, M.D. & Associates, P.A., Appellees.
TEXT: PARKER, Judge. Alpha and Wesley Sheffield appeal a final judgment in favor of appellees,
Alb... and remand to the trial court to proceed on the merits of the Sheffields claim. Reversed and
remanded. LEHAN, A.C.J., and ALTENBERND, J., concur.
202-CITE: 513 So.2d 709 Burnett ROTH, Appellant, v. ROSA BROS., INC., a Florida corporation, Appellee.
TEXT: PER CURIAM. This is an appeal by the defendant Burnett Roth from an adverse final judgment
e...herefore, reversed and the cause is remanded to the trial court with directions to enter
judgment in favor of the defendant Burnett Roth. Reversed.
203-CITE: 546 So.2d 13 The FLORIDA PATIENT S COMPENSATION FUND, Appellant, v. CADUCEUS SELF INSURANCE
FUND, Appellee.
TEXT: PER CURIAM. This is an appeal by the Florida Patient s Compensation Fund [Fund], a
defendant...bove statute imposes a fiduciary duty upon Caduceus to protect the interests of the Fund
in the original malpractice action. Reversed and remanded.
204-CITE: 471 So.2d 648 Catherine Van Hoosear PHELAN, Appellant, v. Donald HANFT, M.D., Appellee.
TEXT: DANIEL S. PEARSON, Judge. We hold that where the record does not conclusively show that the
...remaining in the repose period after discovery of the cause of action will satisfy the
constitutional right to due process remains an open question.
205-CITE: 633 So.2d 7 THE FLORIDA BAR, Complainant, v. Edward B. ROOD, Respondent.
TEXT: PER CURIAM. Edward B. Rood petitions for review of a referee s report recommending that he
b...RKETT, C.J., and OVERTON, McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur. ------------
(FN5) The Fla. Bar v. Rood, 622 So.2d 974 (Fla.1993).
206-CITE: 545 So.2d 380 Victor ZAKAK and Naqui Zakak, Appellants, v. BROIDA AND NAPIER, P.A., a Florida
corporation, Appellee.
TEXT: PATTERSON, Judge. Victor Zakak and Naqui Zakak appeal from an order dismissing with
prejudic...mitations period. Reversed and remanded with instructions to reinstate the Zakaks second
amended complaint. DANAHY, A.C.J., and LEHAN, J., concur.
207-CITE: 667 So.2d 809 Jerry L. BERISFORD, as personal representative of and duly appointed
Administrator of the Estate of Sandra L. Berisford, Appellant, v. JACK ECKERD CORPORATION, a
Delaware corporation; Irving M. Bratt, M.D., P.A., a Florida professional association, and Irving M.
Bratt, M.D., individually, Appellees.
TEXT: PARIENTE, Judge. The trial court granted final summary judgment in favor of appellee, Jack
E...ccordingly, we reverse the entry of summary judgment and remand for further proceedings
consistent with this opinion. STONE and POLEN, JJ., concur.
208-CITE: 536 So.2d 193 In re MEDICAL MALPRACTICE PRESUIT SCREENING RULES--CIVIL RULES OF PROCEDURE.
(ED*)
TEXT: REVISED OPINION PER CURIAM. The Civil Rules Committee of The Florida Bar has proposed the
a...iration of any extension of the 90 day presuit screening period stipulated to by the parties in
accordance with Section 768.57(4), Florida Statutes.
209-CITE: 590 So.2d 439 NME PROPERTIES, INC., d b a East Manor Medical Care Center, Petitioner, v.
Theresa E. McCULLOUGH, Respondent.
TEXT: ALTENBERND, Judge. The defendant, NME Properties, Inc., d b a East Manor Medical Care
Center...ely filed a standard negligence action for conduct not involving medical treatment or
service. Writ denied. FRANK, A.C.J., and PARKER, J., concur.
210-CITE: 712 So.2d 826 Nathan MIZRAHI and Ava Ruthman, Co-Personal Representatives of the Estate of
Morris Mizrahi, deceased, Appellants, v. NORTH MIAMI MEDICAL CENTER, LTD., d b a Parkway Regional
Medical Center and EMSA Limited Partnership; Leonard Frank, M.D.; Howard Sussman, M.D.; Richard
B.Fien, M.D.; Sussman, Staller & Fien, M.D., P.A.; Howard Parmet, M.D.; Howard Parmet, M.D., P.A.;
Jorge Mordujovich, M.D.; and Drs. Rutecki, Presser, Frankfurt and Mordujovich, P.A., Appellees.
TEXT: ON REHEARING DENIED NESBITT, Judge. Appellants Nathan Mizrahi and Ava Ruthman moved for
reh...e with the trial court that section 768.21(8) is constitutional. Summary judgment for the
appellees affirmed. Rehearing denied; question certified.
211-CITE: 719 So.2d 341 Dominick MONGELLI, Appellant, v. Peter NILES, Appellee.
TEXT: HARRIS, Judge. Mongelli sued Niles for legal malpractice in his representation of Mongelli
i...hat this case is controlled by Zeidwig v. Ward, 548 So.2d 209 (Fla.1989), and granted summary
judgment. AFFIRMED. DAUKSCH and ANTOON, JJ., concur.
212-CITE: 499 So.2d 62 Jesse E. GRAHAM, Appellant, v. Roger W. HOLLER, Jr., Appellee.
TEXT: COBB, Judge. Jesse E. Graham appeals the judgment below awarding appellee plaintiff, Roger
W...ichards Enterprises, Inc. v. Swofford, 495 So.2d 1210 (Fla. 5th DCA 1986). REVERSED. ORFINGER,
J., and JOHNSON, W.C. Jr., Associate Judge, concur.
213-CITE: 559 So.2d 701 Patricia BARTLEY, Appellant, v. Stanley E. ROSS and Richard J. Staller,
Appellees.
TEXT: GARRETT, Judge. Appellant seeks review of the trial court s order dismissing her second
amen...arently the applicable two year statute of limitations prevented appellant from re-filing her
complaint. Section 95.11(4)(b), Fla.Stat. (Supp.1986).
214-CITE: 609 So.2d 140 Elliot ZACKER and Karen Zacker, his wife, Appellants, v. Steven CROFT, M.D. and
Steven Croft, M.D., P.A., Appellees.
TEXT: DELL, Judge. The trial court, in a medical malpractice action, concluded appellants failed
t... and remand this cause to the trial court for further proceedings. REVERSED and REMANDED.
ANSTEAD, J., and WALDEN, JAMES H., Senior Judge, concur.
215-CITE: 490 So.2d 1262 Elmer William FAST, Jr., Petitioner, v. FLORIDA PATIENTS COMPENSATION FUND,
Respondent.
TEXT: EHRLICH, Justice. We have for review Fast v. Florida Patient s Compensation Fund, 462 So.2d
...d 1058 (Fla.1985); accordingly, the decision below is approved. It is so ordered. MCDONALD,
C.J., and ADKINS, BOYD, OVERTON and SHAW, JJ., concur.
216-CITE: 632 So.2d 76 Barry SEGALL, et al., Appellants, v. Norman S. SEGALL, et al., Appellees
TEXT: JORGENSON, Judge. Barry Segall and Edward Segall appeal from a final summary judgment
entere... by frustrating their appeal in the underlying action. The trial court, therefore,
correctly entered the final order of summary judgment. AFFIRMED.
217-CITE: 446 So.2d 1090 PALM BEACH GARDENS COMMUNITY HOSPITAL, INC., etc., Petitioner, v. Robert SHAW,
et ux., Respondents.
TEXT: PER CURIAM. This is a petition for writ of common law certiorari addressed to a discovery
or... Florida Statutes (1980). See also, Segal v. Roberts, 380 So.2d 1049 (Fla. 4th DCA 1979).
CERTIORARI GRANTED. LETTS, DELL and WALDEN, JJ., concur.
218-CITE: 717 So.2d 141 NATIONAL UNION FIRE INSURANCE COMPANY, Appellant, v. James D. SALTER, James D.
Salter, P.A., et al., Appellees.
TEXT: W. SHARP, Judge. National Union Fire Insurance Company appeals from an order which
dismissed...and client respecting malpractice should be limited to themselves. Fireman s Fund, 36
Cal.Rptr.2d at 430. AFFIRMED. COBB and GOSHORN, JJ., concur.
219-CITE: 654 So.2d 282 COHEN, SCHERER & COHEN, P.A., a k a Cohen, Scherer, Cohn & Silverman, P.A., and
Fred C. Cohen, Appellant, v. PACIFIC EMPLOYERS INSURANCE COMPANY, Appellee.
TEXT: KLEIN, Judge. The court, sua sponte, dismisses this appeal of an order dismissing a
counterc...judice to appellant s right to appeal the denial of the counterclaim after final
determination of the main claim. POLEN and STEVENSON, JJ., concur.
220-CITE: 502 So.2d 75 Pierre BERRYER, Appellant, v. Stephen G. HERTZ, Appellee.
TEXT: PER CURIAM. Affirmed. See Manner v. Goldstein Professional Ass n, 436 So.2d 431 (Fla. 3d
DCA...te plaintiff s settlement of underlying action when such settlement was compelled because of
the mistakes of defendant, plaintiff s former counsel).
221-CITE: 725 So.2d 1194 Mikel GREEN, individually, and as Personal Representative of the Estate of
Margaret Green, Appellants, Cross-Appellees, v. EMSA LIMITED PARTNERSHIP d b a Skylake Medical Group
and Dr. Larry Katz, Appellees, Cross-Appellants.
TEXT: SCHWARTZ, Chief Judge. The plaintiff in a medical malpractice case appeals from a judgment
e... 317 So.2d 92 (Fla. 3d DCA 1975), cert. denied, 330 So.2d 19 (Fla. 1976), the judgment against
it cannot stand. Affirmed in part, reversed in part.
222-CITE: 513 So.2d 738 David M. GOLDSTEIN, Appellant, v. Allan LEVINE and Levell Medical Centers, Inc.,
Appellees.
TEXT: PER CURIAM. Appellant Goldstein seeks review of an adverse summary judgment deciding the
iss...e reverse and remand this case to the trial court to determine whether questions of law or
fact exist as to proximate cause. Reversed and remanded.
223-CITE: 639 So.2d 1002 Russell Bryan KIRKLAND, Rayford E. Kirkland, and Frankie W. Kirkland,
Petitioners, v. William H. MIDDLETON, M.D., et al., Respondents.
TEXT: W. SHARP, Judge. Petitioners in a medical malpractice case seek issuance of a writ of
certio...nd THOMPSON, JJ., concur. ------------ (FN1) Franklin involved the 1988 version of this
statute, which is substantially similar to the 1993 version.
224-CITE: 739 So.2d 695 ADVENTIST HEALTH SYSTEM SUNBELT HEALTH, etc., Petitioner, v. Joseph K. JUDGE,
etc., et al., Respondent.
TEXT: ANTOON, C.J. Adventist Health System Sunbelt Health Care Corp., d b a Florida Hospital
Orlan...nternal risk management program to improve patient care. See Section 395.0197(4),
Fla.Stat.(1997). PETITION DENIED. DAUKSCH and COBB, JJ., concur.
225-CITE: 555 So.2d 455 BILL BRANCH CHEVROLET, INC., a Florida corporation, Appellant, v. PHILIP L.
BURNETT, P.A., a Professional Association, and Philip Burnett, individually, Appellees.
TEXT: THREADGILL, Judge. The appellant, Branch Chevrolet, Inc., charges error in the dismissal of
...missing count two of the complaint and remand the cause for further proceedings. Reversed and
remanded. SCHEB, A.C.J., and SCHOONOVER, J., concur.
226-CITE: 721 So.2d 1220 MUNROE REGIONAL MEDICAL CENTER, INC., et al., Petitioner, v. Mary W. ROUNTREE,
Respondent.
TEXT: ANTOON, Judge. In this medical malpractice action, William Todd Overcash, M.D., seeks
certio....Weekly D2362 (Fla. 5th DCA October 23, 1998). Petition for Writ of Certiorari GRANTED;
discovery order QUASHED. W. SHARP and HARRIS, JJ., concur.
227-CITE: 516 So.2d 37 Anargyros G. COMMENOS and Caroline Johnson Commenos, Appellants, v. FAMILY
PRACTICE MEDICAL GROUP, INC., Appellee.
TEXT: SMITH, Chief Judge. Appellants, Anargyros and Caroline Commenos, assert error on the part
of...982). Since we have reversed on this issue, it is unnecessary to address the other points
raised by appellants. WENTWORTH and JOANOS, JJ., concur.
228-CITE: 630 So.2d 1238 Cheryl Lange WILKINSON, Appellant, v. Edward E. GOLDEN, Jr., D.D.S., Appellee.
TEXT: BLUE, Judge. Cheryl Lange Wilkinson appeals the dismissal of her complaint alleging dental
m...in this appeal which we affirm without discussion. Affirmed in part, reversed in part, and
remanded. CAMPBELL, A.C.J., and THREADGILL, J., concur.
229-CITE: 600 So.2d 506 Clemente LOPEZ and Barbara Lopez, His Wife, Individually, and as Next Friends,
Guardians and Natural Parents of Carlos Lopez, a Minor, and Ira M. Elegant, as Guardian ad litem,
Appellants, v. VARIETY CHILDREN S HOSPITAL, et al., Appellees.
TEXT: REVISED OPINION PER CURIAM. This is an appeal by Clemente and Barbara Lopez, as guardians
a...ent below. Burden v. Dickman, 547 So.2d 170, 172 (Fla. 3d DCA), rev. denied, 557 So.2d 866
(Fla.1989); Section 744.391, Fla.Stat. (1985). Affirmed.
230-CITE: 723 So.2d 294 COLUMBIA PARK MEDICAL CENTER, INC., Petitioner, v. Kevin GIBBS, etc., et al.,
Respondents.
TEXT: W. SHARP, Judge. Columbia Park Medical Center, Inc. (Columbia) petitions this court for
cert...tion for certiorari and quash the discovery order. Petition for Writ of Certiorari GRANTED;
Discovery Order QUASHED. COBB and ANTOON, JJ., concur.
231-CITE: 501 So.2d 114 Lisa FRAZIER, Appellant, v. Steven EFFMAN and Gary Rotella, Appellees.
TEXT: DOWNEY, Judge. Appellant, Lisa Frazier, sued appellees, Steven Effman and Gary Rotella, for
...estion and, if so, whether it was probable or foreseeable. A Patient Care Center, Inc. v. Ted
Hoyer and Company, 498 So.2d 1381 (Fla. 4th DCA 1986).
232-CITE: 495 So.2d 834 PUBLIC HEALTH TRUST OF DADE COUNTY d b a Jackson Memorial Hospital, The
University of Miami and Peritz Scheinberg, M.D., Petitioners, v. The Honorable Francis X. KNUCK,
Circuit Court Judge for the Eleventh Judicial Circuit in and for Dade County, Florida, Respondent.
TEXT: BASKIN, Judge. Challenging the trial court s abatement of a medical malpractice action
filed...416 So.2d 500 (Fla. 5th DCA 1982), we deny the writ as to Jackson Memorial Hospital. We
remand for further proceedings consistent with this opinion.
233-CITE: 522 So.2d 510 Pierre BERRYER, Appellant, v. Stephen G. HERTZ, Appellee.
TEXT: PER CURIAM. This matter was commenced in the trial court as a malpractice action against
the...ty, then we shall be entitled to collect from you all costs and expenses necessitated by us in
such litigation, including reasonable attorneys fees.
234-CITE: 629 So.2d 835 Ronda C. WEINSTOCK, PH.D., Petitioner, v. Suzanne GROTH, Respondent.
TEXT: KOGAN, Justice. We have for review Groth v. Weinstock, 610 So.2d 477 (Fla. 5th DCA 1992),
be..., C.J., and OVERTON, McDONALD, SHAW, GRIMES and HARDING, JJ., concur. ------------ (FN4) We
decline to address the other claims raised by Weinstock.
235-CITE: 533 So.2d 933 Patricia C. DEYOUNG, as Personal Representative of the Estate of William G.
Deyoung, Deceased, Appellant, v. James L. BIERFELD, M.D. and James L. Bierfield, M.D., P.A.,
Appellees.
TEXT: PER CURIAM. We reverse the summary final judgment in favor of the defendants in a medical
ma... and 768.57(6), Florida Statutes (1985). See Pinellas Emergency Mental Health Serv., Inc. v.
Richardson, 532 So.2d 60 (Fla. 2d DCA 1988). Reversed.
236-CITE: 483 So.2d 881 Ingrid O. DUCKWORTH, Appellant, v. Michael D. BROOKMAN and Brookman & Brookman,
P.C., and Government Employees Insurance Company, Appellees.
TEXT: PER CURIAM. The final summary judgment entered below in favor of the defendant in this
legal... 3d DCA 1983). Sixth, no compensable claim for fraud, intentional infliction of mental
distress, or punitive damages was presented below. Affirmed.
237-CITE: 578 So.2d 503 Gerald SILVA, as personal representative of the Estate of Anne Marie N. Silva,
deceased, Appellant, v. SOUTHWEST FLORIDA BLOOD BANK, INC., Appellee.
TEXT: HALL, Judge. The appellant, Gerald Silva, as the personal representative of his deceased
wif... Southwest and that it was filed after the applicable two-year statute of limitations had run.
Affirmed. SCHOONOVER, C.J., and DANAHY, J., concur.
238-CITE: 449 So.2d 956 Joyce M. TADDIKEN and Frank Taddiken, Appellants, v. FLORIDA PATIENT S
COMPENSATION FUND, Appellee.
TEXT: NESBITT, Judge. This is an appeal from a final judgment on the pleadings in favor of the
Flo...ations in light of the statutory requirement that the Fund s records be open to the public for
inspection. Section 768.54(3)(d)2., Fla.Stat. (1979).
239-CITE: 515 So.2d 1379 John O. SHIELDS and Josephine Shields, his wife, Appellants, v. William A.
BUCHHOLZ, D.D.S., Appellee.
TEXT: DELL, Judge. This appeal arises out of an action for dental malpractice. Appellants claim
th...ow being decided. On the merits, I agree that precedent supports the result reached by the
majority and that the two questions should be certified.
240-CITE: 527 So.2d 911 Vidal SAINZ, Jr., as Personal Representative of the Estate of Vidal Sainz, Sr.,
deceased, Appellant, v. Armando D. BUCELO, as Personal Representative of the Estate of Dr. Juan A.
Jimenez, Dr. Julio Menache and Clinica Fatima, Inc., Appellees.
TEXT: PER CURIAM. In an action for medical malpractice and wrongful death, Vidal Sainz, Jr., as
pe... to all defendants, except the defendant Guerra; the jury having exonerated this defendant of
any liability. Reversed and remanded with directions.
241-CITE: 501 So.2d 639 Michelle FREEMAN and Michael Freeman, her husband, Appellants, v. HUMANA, INC.,
d b a Biscayne Medical Center, Drs. Josell & Teperson, P.A., David Teperson, M.D., Paul Hinenburg,
M.D., Alan Lichstrahl, M.D., Donald D. Sheffel, M.D., Donald Guilianti, M.D., d b a Neorosurgical
Consultants, Robert Goodkin, M.D., and South Broward Hospital District Physicians Professional
Liability Insurance Trust, Appellees.
TEXT: PER CURIAM. This appeal is brought from an order entered on a motion for sanctions which
dis.... Devereaux, 415 So.2d 30 (Fla. 3d DCA 1982), review denied, 426 So.2d 25 (Fla.1983); Watson
v. Peskoe, 407 So.2d 954 (Fla. 3d DCA 1982). Affirmed.
242-CITE: 629 So.2d 231 Beverly Brooks TEEL, Appellant, v. David J. SAMARA, M.D.; David J. Samara, M.D.,
P.A.; Paul G. Faucher, D.O., Paul G. Faucher, D.O., P.A.; Ashok Roychoudhury, M.D. and Ashok
Roychoudhury, M.D., P.A., Appellees.
TEXT: PER CURIAM. Beverly Brooks Teel appeals a final judgment entered on a jury verdict in an
act...versal. Accordingly, the judgment is affirmed. See Florida Rule of Appellate Procedure
9.315(a). ZEHMER, C.J., and SMITH and LAWRENCE, JJ., concur.
243-CITE: 509 So.2d 1298 Dave ARMSTRONG, et al., Appellants, v. DATA PROCESSING INSTITUTE, INC., a
Florida corporation, Appellee.
TEXT: SMITH, Chief Judge. Appellants appeal the dismissal with prejudice of count III of their
ame... to proceed on their claim of education malpractice. See Miami v. Steckloff, 111 So.2d 446
(Fla.1959). AFFIRMED. BOOTH and WENTWORTH, JJ., concur.
244-CITE: 533 So.2d 797 Barbara LAKE, et al., Appellants, v. James E. CLARK, et al., Appellees.
TEXT: DAUKSCH, Judge. This is an appeal from a judgment in a medical malpractice case. Appellants
...l fields it was error to exclude his testimony. A new trial is warranted. REVERSED and REMANDED
for a new trial. ORFINGER and DANIEL, JJ., concur.
245-CITE: 556 So.2d 1164 John T. GRIGG, M.D., Appellant, v. Sam KAPELL, as Personal Representative of
the Estate of Steven Kapell, Appellee.
TEXT: PER CURIAM. AFFIRMED. LETTS, and STONE, JJ., concur. WALDEN, J., dissents with opinion.
W...se in my view the trial court, in light of the record and law, was not authorized to grant
Plaintiff a new trial in this medical malpractice action.
246-CITE: 689 So.2d 302 Leonne CENATUS, as natural parent and next best friend of David Pierre,
Appellant, v. NAPLES COMMUNITY HOSPITAL, INC.; Frank Fumia, M.D.; and Lawrence J. Carley, M.D.,
Appellees.
TEXT: BLUE, Judge. Leonne Cenatus, as parent and next friend of David Pierre, appeals an adverse
j...esting to note that Dr. Carley s counsel attempted to employ Dr. Weintzen in this case but found
that he had already been engaged by the plaintiffs.
247-CITE: 753 So.2d 792 Mark MANLEY, Appellant, v. Russell E. CRAWFORD, Appellee.
TEXT: THOMPSON, J. Mark Manley appeals a final order granting Attorney Russell Crawford s motion
f...ial court and the record on appeal; we affirm because Manley has failed to state a cause of
action. AFFIRMED. W. SHARP, and PETERSON, JJ., concur.
248-CITE: 709 So.2d 187 Jacqueline IZQUIERDO, individually and as Personal Representative of the Estate
of Jonathan Izquierdo, a deceased minor, Appellants, v. HIALEAH HOSPITAL, INC., Appellee. MIAMI
CHILDREN S HOSPITAL Appellant, v. HIALEAH HOSPITAL, INC., Appellee.
TEXT: PER CURIAM. Jacqueline Izquierdo ( Izquierdo ), the mother personal representative of the
es...dren s Hospital s appeal as moot. In sum, we affirm the judgment in case number 97-1700 and
dismiss the appeal in case numbers 97-1343 and 97-1822.
249-CITE: 752 So.2d 712 Rebecca COFFARO, Appellant, v. HILLSBOROUGH COUNTY HOSPITAL AUTHORITY, d b a
Family Care Medical Center, Appellee. Rebecca Coffaro, Appellant, v. Mental Health Care, Inc., d b a
Baylife Centers; Anthony Pidala, JR., M.D.; David Tusliak, M.D.; Emergency Medical Associates of
Tampa Bay, P.A.; and St. Joseph s Hospital, Inc., Appellees.
TEXT: BLUE, Acting Chief Judge. In these consolidated cases, Rebecca Coffaro appeals the summary
j...AYS UNDER SECTION 766.106(4) FOR FILING SUIT? Reversed and remanded for further proceedings;
question certified. FULMER and WHATLEY, JJ., Concur.
250-CITE: 721 So.2d 1173 Art SILVESTRONE, Petitioner, v. Marc Z. EDELL, et al., Respondents.
TEXT: HARDING, C.J. We have for review Silvestrone v. Edell, 701 So.2d 90 (Fla. 5th DCA 1997),
whi...n below and remand for proceedings consistent with this opinion. It is so ordered. OVERTON,
SHAW, KOGAN, WELLS, ANSTEAD and PARIENTE, JJ., concur.
251-CITE: 540 So.2d 922 Frank A. LANE and Carol P. Lane, Appellants, v. PEAT, MARWICK, MITCHELL & CO.,
Appellee.
TEXT: BASKIN, Judge. Frank and Carol Lane appeal the entry of summary final judgment in favor of
P...timely. We certify conflict with the Second District Court of Appeal in Sawyer v. Earle, 541
So.2d 1232 (Fla. 2d DCA 1989). Reversed and remanded.
252-CITE: 589 So.2d 448 Peggy P. KALBACH, as Personal Representative of the Estate of David R. Kalbach,
Appellant, v. Dennis A. DAY, Ph.D, licensed clinical psychologist, and Dr. Rudolph J. Frei, a
licensed medical doctor, Appellees.
TEXT: ANSTEAD, Judge. This is an appeal of an order dismissing a claim for medical malpractice
aga...he 180 days outlined above, it was timely filed. We reverse and remand for further
proceedings consistent herewith. DOWNEY and POLEN, JJ., concur.
253-CITE: 454 So.2d 681 James E. SIMMONS, Sr., as Personal Representative of the Estate of Ella G.
Simmons, deceased, Appellant, v. BAPTIST HOSPITAL OF MIAMI, INC., et al., Appellees.
TEXT: Before HUBBART, BASKIN and FERGUSON, JJ. PER CURIAM. This is an appeal from a final
judgmen...9); Dade County v. Clarson, 240 So.2d 828, 829 (Fla. 3d DCA 1970). The judgment under
review is reversed and the cause is remanded for a new trial.
254-CITE: 678 So.2d 408 HILLSBOROUGH COUNTY HOSPITAL AUTHORITY d b a Tampa General Hospital, Petitioner,
v. Ricardo LOPEZ, as Personal Representative of the Estate of Ryan Lopez, deceased, and on behalf of
Ricardo Lopez and Ada Lopez, individually, Respondents.
TEXT: PER CURIAM. Hillsborough County Hospital Authority seeks certiorari review of a trial court
...the nonfinal order of the trial court will result in material injury for the remainder of the
trial that cannot be corrected on postjudgment appeal.
255-CITE: 531 So.2d 958 In re MEDICAL MALPRACTICE PRESUIT SCREENING RULES--CIVIL RULES OF PROCEDURE.
(EN*)
TEXT: PER CURIAM. The Civil Rules Committee of The Florida Bar has proposed the appended Florida
...extension of the ninety (90) day presuit screening period stipulated to by the parties in
accordance with Section 768.57(4) of the Florida Statutes.
256-CITE: 492 So.2d 1106 Emil F. DANCIU, et al., Appellants Cross Appellees, v. Bennett COHN, et al.,
Appellees Cross Appellants.
TEXT: PER CURIAM. AFFIRMED. HERSEY, C.J., and WALDEN, J., concur. LETTS, J., dissents with
opini...s because the client is no longer a corporation; a defect, which it alleges, came about
through the negligence of that very same counsel. I dissent.
257-CITE: 695 So.2d 436 Shelby and Thomas WATSON, Appellants, v. Nathan BECKMAN, D.D.S., Appellee.
TEXT: SHEVIN, Judge. Shelby and Thomas Watson appeal an order dismissing a dental malpractice
acti...nded. ------------ (FN1) The notice was sent to Dr. Beckman by certified mail with a return
receipt requested. Dr. Beckman did not sign the receipt.
258-CITE: 738 So.2d 505 COLUMBIA HOSPITAL CORP. OF SOUTH DADE d b a South Dade Healthcare Group, Ltd.,
Leigh Massengill, and Jude Torchia, Petitioners, v. A. Rodolfo BARRERA, Jr., M.D., Respondent.
TEXT: PER CURIAM. Citing to Cruger v. Love, 599 So.2d 111 (Fla.1992) and Ornda Healthcorp v.
Bergh...est source of the information is the doctor himself. Accordingly, the petition is granted
and that part of the order relating to item 1 is quashed.
259-CITE: 737 So.2d 1194 HOLLYWOOD LAKES COUNTRY CLUB, INC. and E.M. Seagall, Appellants, v. SILVER &
WALDMAN, P.A., Appellee.
TEXT: PER CURIAM. Hollywood Lakes Country Club, Inc. (HLCC) and E.M. Seagall appeal from the
lower...unterclaim. Reversed and remanded with instructions to transfer the Dade case to Broward
Circuit Court to be joined with the previously filed case.
260-CITE: 530 So.2d 521 HARDY EQUIPMENT COMPANY, INC., Appellant, v. TRAVIS COSBY & ASSOCIATES, INC. and
Aetna Casualty & Surety Company, Appellees.
TEXT: SMITH, Chief Judge. The appellant, Hardy Equipment Company, appeals a summary judgment
rulin...cordingly, the summary judgment entered below is REVERSED and this cause is REMANDED for
further proceedings. WENTWORTH and WIGGINTON, JJ., concur.
261-CITE: 697 So.2d 921 Gloria ONDO, as Personal Representative of the Estate of Michael E. Ondo, on
Behalf of herself and the survivors, Appellant, v. F. GARY GIESEKE, P.A., and Matthew R. Moore,
M.D., Steven D. Gelbard, M.D., Glen Sutherland, M.D., Ted Carson, M.D., Neil Katz, M.D. and Galen Of
Florida Inc., d b a Humana Hospital-Cypress f k a pompano beach medical center, Appellees.
TEXT: SHAHOOD, Judge. Appellant, Gloria Ondo as personal representative of the Estate of Michael
E...within this exception to the rule. We accordingly affirm the trial court s granting of summary
judgment. AFFIRMED. WARNER and GROSS, JJ., concur.
262-CITE: 693 So.2d 619 Raul CORREA, M.D., Petitioner, v. Norma G. ROBERTSON, Individually and as
Personal Representative of the Estate of Arthur R. Day, Deceased, Respondent. RES CARE HOME HEALTH,
INC., Petitioner, v. Norma G. ROBERTSON, Individually and as Personal Representative of the Estate
of Arthur R. Day, Deceased, Respondent.
TEXT: FRANK, Acting Chief Judge. Two petitions for writs of certiorari have been filed in the
abov...la. 5th DCA 1996). (FN2) The definitions from repealed section 768.50(2)(b) have been
incorporated into section 766.102(1), Florida Statutes (1991).
263-CITE: 537 So.2d 1014 Allen BERRY, D.D.S., Petitioner, v. Honorable George ORR and Honorable David M.
Gersten, as Judges of the Eleventh Judicial Circuit Court, in and for Dade County, Florida and
Antonio Bendeck, Respondents.
TEXT: PER CURIAM. The central question presented for review is whether the prefiling notice
requir... to the trial court with directions to dismiss the plaintiffs dental malpractice action
below. Prohibition granted; cause remanded with directions.
264-CITE: 441 So.2d 164 Michael RUDNICK, as Personal Representative of the Estate of Todd Rudnick, a
deceased minor, and Michael Rudnick and Darlene Rudnick, individually, Appellants, v. Michel Henry
NAHMAD, M.D. and Richard E. Litt, M.D., Appellees.
TEXT: PER CURIAM. Affirmed. FERGUSON, Judge (concurring). This appeal is brought from a
judgment...s or battery it is not the opinion of doctors regarding the practice in the medical
community which determines whether the tort has been committed).
265-CITE: 434 So.2d 1030 John R. LEIKENSOHN, M.D. and Howard A. Seider, Jr., M.D., Petitioners, v.
Angelina CORNWELL and Christopher C. Cornwell, her husband, Respondents.
TEXT: HOBSON, Acting Chief Judge. John Leikensohn and Howard Seider, Jr., defendants below,
petiti...umbered 80 and 85, and remand for further proceedings not inconsistent with this opinion.
REVERSED and REMANDED. BOARDMAN and DANAHY, JJ., concur.
266-CITE: 442 So.2d 323 Isadore ROSA, individually, and Rosa Brothers, Inc., a Florida corporation,
Appellants. v. Burnett ROTH, Appellee.
TEXT: PER CURIAM. This is an appeal from a summary final judgment entered in favor of the
defendan...terest in the subject property upon exercise of the option in question. Birnholz v.
Blake, 399 So.2d 375 (Fla. 3d DCA 1981). Reversed and remanded.
267-CITE: 514 So.2d 52 FLORIDA PATIENT S COMPENSATION FUND, Petitioner, v. George BOUCHOC, et al.,
Respondents. WINTER HAVEN HOSPITAL, INC., Petitioner, v. FLORIDA PATIENT S COMPENSATION FUND,
Respondent. Elmer MAURER, M.D., Petitioner, v. FLORIDA PATIENT S COMPENSATION FUND, Respondent.
TEXT: GRIMES, Justice. We have for review two cases of the district courts of appeal . ES
conflict...er than the Fund to pay the plaintiff s attorney s fee. It is ordered. McDONALD, C.J.,
and OVERTON, EHRLICH, SHAW, BARKETT and KOGAN, JJ., concur.
268-CITE: 698 So.2d 581 Yolanda RAMSEY, Appellant, v. William S. JONASSEN, Esquire, Appellee.
TEXT: QUINCE, Judge. Yolanda Ramsey challenges the trial court s order granting attorney William
S...use we reverse Ramsey s first point on appeal, we do not address the second point raised in her
brief. SCHOONOVER, A.C.J., and LAZZARA, J., concur.
269-CITE: 721 So.2d 1249 Roberta LEVENTHAL, Petitioner, v. Richard K. LOHMANN, M.D. and Richard K.
Lohmann, M.D., P.A., Respondents.
TEXT: KLEIN, J. The defendant in this medical malpractice case served a request for plaintiff to
p...iate that problem by deleting his notes or obtaining additional copies. The petition for
certiorari is dismissed. SHAHOOD and TAYLOR, JJ., concur.
270-CITE: 523 So.2d 728 Daniel D. O CONNOR, et al., Appellants, v. BOARD OF REGENTS OF the STATE OF
FLORIDA, etc., Appellee.
TEXT: ZEHMER, Judge. The O Connors appeal a final order of summary judgment entered in favor of
ap...tion 768.45(2)(b) and that Dr. *729 Stoner did not qualify as an expert under section
768.45(2)(c)2. AFFIRMED. SHIVERS and WIGGINTON, JJ., concur.
271-CITE: 513 So.2d 1310 Jack LIEBELER a k a John Liebeler and Lois Liebeler, Appellants
Cross-Appellees, v. Raymond E.P. ZIMMERMAN, M.D., Raymond E.P. Zimmerman, M.D., P.A., and Mease
Hospital and Clinic, Appellees Cross-Appellants.
TEXT: SCHOONOVER, Judge. The appellants, cross-appellees, Jack Liebeler, a k a John Liebeler, and
... they are ultimately the prevailing parties in the action. Affirmed in part, reversed in part,
and remanded. RYDER, A.C.J., and LEHAN, J., concur.
272-CITE: 507 So.2d 1152 Arlene KAUFMAN, Appellant, v. STEPHEN CAHEN, P.A. and Keith Chasin, Appellees.
TEXT: NESBITT, Judge. Kaufman appeals a final summary judgment finding that the law firm of
Stephe...tly, the trial court correctly entered a summary judgment for Stephen Cahen, P.A. and
Chasin. Accordingly, the judgments under review are Affirmed.
273-CITE: 498 So.2d 1268 EXECUTIVE HEALTH SERVICES, INC., and Wayne O. Montgomery, M.D., Appellants, v.
STATE FARM FIRE AND CASUALTY COMPANY, Appellee.
TEXT: LEHAN, Judge. This is an appeal from a final summary judgment adverse to the insured in
this...than the insured was entitled to assume. Reversed and remanded for proceedings consistent
herewith. SCHOONOVER, A.C.J., and SANDERLIN, J., concur.
274-CITE: 679 So.2d 1289 Leon PAULK and Mary Paulk, as Personal Representatives of the Estate of Jeffrey
Scott Paulk, Appellants, v. NATIONAL MEDICAL ENTERPRISES INC.; NME Psychiatric Hospitals, Inc.;
Psychiatric Institutes of America Inc.; and Lake Hospital, Inc., Appellees.
TEXT: FARMER, Judge. Plaintiffs sued several hospitals for damages on the theory that the
hospital... provider, Section 766.107. Therefore, considering the allegations most favorably to
Plaintiffs, it was error to enter a judgment on the pleadings.
275-CITE: 523 So.2d 698 Steve PYSZ, Appellant, v. Williard F. ANDE, M.D., Appellee.
TEXT: STONE, Judge. This is an appeal from an order denying attorney s fees to the prevailing
plai...ing attorney s fees is reversed. The cause is remanded for entry of an attorney s fee
judgment in the sum of $8,925. ANSTEAD and DELL, JJ., concur.
276-CITE: 665 So.2d 276 Maxine STONE, as Personal Representative of the Estate of Samuel Stone,
Deceased, Appellant, v. Robert ROSENTHAL, M.D.; Lewis & Rosenthal, P.A., n k a Lewis, Rosenthal &
Baum, M.D., jointly and severally; Edward H. Kaplan, M.D., and Edward H. Kaplan, M.D., P.A.,
Appellees.
TEXT: STONE, Judge. Maxine Stone, as personal representative of the estate of her deceased
husband...state, in which case suit on June 3, 1993, would have been within the two-year statute.
FARMER, J. and JEFFREY STREITFELD, Associate Judge, concur.
277-CITE: 622 So.2d 140 Patrick RIDDELL, Petitioner, v. JACOBSON & COHEN, P.A., a Florida corporation, d
b a Jacobson, Cohen & Cohen, Individually, et al., Respondent.
TEXT: ON REHEARING PER CURIAM. The petition for rehearing is denied. STONE, J., and OWEN,
WILLIA...t to produce or order compelling production that would require the disclosure of
communications or material prepared on the legal malpractice claim.
278-CITE: 732 So.2d 49 PARACELSUS SANTA ROSA MEDICAL CENTER, etc., Petitioner, v. Peggy M. SMITH and
James Smith, Sr., etc., et al., Respondents.
TEXT: W. SHARP, J. Paracelsus Santa Rosa Medical Center, d b a Peninsula Medical Center
(Peninsula... to the order to produce the staff privilege files. Petition for Writ of Certiorari
GRANTED in part; DENIED in part. COBB and HARRIS, JJ., concur.
279-CITE: 484 So.2d 637 Nicole CHAPMAN, a minor, By and Through her parents and next friends, Verna D.
CHAPMAN and Kenneth Chapman, and Verna D. Chapman and Kenneth Chapman, individually, Appellants, v.
FLORIDA PATIENT S COMPENSATION FUND, Appellee.
TEXT: PER CURIAM. In Taddiken v. Florida Patient s Compensation Fund, 478 So.2d 1058 (Fla.1985),
t...ourt in Taddiken. We do not decide the question now raised by appellants in their reply brief,
because it was not before the trial court. Affirmed.
280-CITE: 436 So.2d 932 FLORIDA PATIENT S COMPENSATION FUND, Appellant, v. Saul MILLER, M.D., and Mt.
Sinai Hospital of Greater Miami, Inc., Appellees.
TEXT: JORGENSON, Judge. The trial court, as the hearing on the indemnification claim of Mt. Sinai
... of defense. I respectfully dissent and would reverse the judgment below insofar as it awarded
Mt. Sinai costs and attorneys fees against the Fund.
281-CITE: 677 So.2d 379 Patricia Jane JONES and Logan M. Jones, Jr., Appellants, v. Samuel G. CROSBY and
Miller, Crosby & Miller, P.A., Appellees.
TEXT: FRANK, Judge. Patricia Jane Jones and her husband, Logan M. Jones, Jr., contest a final
summ...valuation of Crosby s representation of his clients must be rendered by a jury. Reversed and
remanded. THREADGILL, C.J., and CAMPBELL, J., concur.
282-CITE: 600 So.2d 1144 Sharon HAMPTON, Appellant, v. Roland William PAYNE, Jr., Spence, Payne,
Masington & Grossman, P.A. and Spence, Payne Masington & Needle, P.A., Appellees.
TEXT: REVISED OPINION ON REHEARING FERGUSON, Judge. This appeal is brought from a dismissal of a
...la. 2d DCA 1978). *1147 16 F.L.W. at D316 (emphasis added). I rely on this reasoning as the basis
for my dissent from today s decision on rehearing.
283-CITE: 503 So.2d 950 George MARHOLIN and Eleanor Marholin, his wife, Appellants, v. Henry L. KAYE and
Whiting National Services, Appellees.
TEXT: PER CURIAM. We reverse a summary judgment in favor of an attorney in a malpractice action
ba... Bumby & Stimpson, Inc. v. Southern Reinforcing Steel Co., Inc., 348 So.2d 1216 (Fla. 4th DCA
1977). Reversed and remanded for further proceedings.
284-CITE: 638 So.2d 567 Hilda GARCIA as Guardian of Jose Quiles, Appellant, v. PSYCHIATRIC INSTITUTES OF
AMERICA, INC., etc., et al., Appellees.
TEXT: PER CURIAM. Hilda Garcia, as next of kin of her son, Jose Quiles, appeals the summary final
...RIS, C.J., and COBB and GOSHORN, JJ., concur. ------------ (FN1) Section 95.11(4)(b), Fla.Stat.
(1991). (FN2) Section 95.11(3)(o), Fla.Stat. (1991).
285-CITE: 538 So.2d 875 FLORIDA PATIENTS COMPENSATION FUND and Moises Borten, M.D., Appellants, v.
Rolanda JOHNSON, a minor, By and Through her parents and next friends, Benny JOHNSON and Barbara
Johnson, Appellees.
TEXT: DOWNEY, Judge. This is a timely appeal from a final judgment awarding $378,300 in attorneys
...amayo, 529 So.2d 667 (Fla.1988), and Florida Patient s Compensation Fund v. Rowe, 472 So.2d 1145
(Fla.1985). HERSEY, C.J., and ANSTEAD, J., concur.
286-CITE: 468 So.2d 275 Lawrence H. JONES and Sandra Jones, his wife, Appellants, v. John A. WHITE, M.D.
and Richard Deiorio, M.D., Appellees.
TEXT: PER CURIAM. The plaintiffs prosecuted a malpractice action for sciatic nerve damage
resultin...deotaped operation which were different were only irrelevant, not prejudicial. Affirmed.
GRIMES, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.
287-CITE: 589 So.2d 404 Virginia L. NOVITSKY, et ux., Appellants, v. Michael H. HARDS, D.D.S., etc.,
Appellee.
TEXT: W. SHARP, Judge. Virginia and Edward Novitsky appeal from a final summary judgment denying
t... 554 So.2d 1188 (Fla. 2d DCA 1989). (FN7) Section 768.495, Florida Statutes (1987) was
transferred to section 766.104, Florida Statutes (Supp.1988).
288-CITE: 639 So.2d 627 Donald BIERMAN, et al., Petitioners, v. Robert O. MILLER, Jr., Respondent.
TEXT: JORGENSON, Judge. Donald Bierman and the law firm of Bierman, Shohat, & Loewy, P.A. seek
cer..., we grant the Petition for Writ of Common Law Certiorari, quash the order under review, and
remand with directions to abate the malpractice action.
289-CITE: 563 So.2d 733 Fred CAMPAGNULO a k a Fred Camp a k a Fred Campo, Appellant, v. George WILLIAMS,
D.D.S. and Richard E. Trippensee, D.D.S., Appellees.
TEXT: POLEN, Judge. In November 1986 appellant commenced an action in circuit court against
appell...d DCA 1989); McDonald v. McIver, 514 So.2d 1151 (Fla. 2d DCA 1987). AFFIRMED IN PART;
REVERSED IN PART AND REMANDED. DELL and WALDEN, JJ., concur.
290-CITE: 729 So.2d 517 JOSEPH L. RILEY ANESTHESIA ASSOCIATES, P.A., et al., Petitioners, v. Eleanor
KARSTETTER, Robert Karstetter, et al., Respondents.
TEXT: COBB, J. Petitioners, Joseph L. Riley Anesthesia Associates. P.A., Douglas Conigliaro,
M.D.,...s. As Judge Cobb points out, it is no hardship to require plaintiff to provide expert
testimony from one not so intimately involved with the matter.
291-CITE: 649 So.2d 252 AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, Petitioner, v. ST. PAUL FIRE
AND MARINE INSURANCE COMPANY, etc., Respondent.
TEXT: PER CURIAM. American Casualty Company of Reading, Pennsylvania filed a petition for writ of
...it, and quash the discovery order. See Kujawa v. Manhattan Nat l Life Ins. Co., 541 So.2d 1168
(Fla.1989). COBB, GOSHORN and THOMPSON, JJ., concur.
292-CITE: 647 So.2d 215 Nancy RICHTER and Gary Richter, husband and wife, Petitioners, v. Frank J.
BAGALA, M.D., and Rudolph Acosta, M.D., Respondents
TEXT: SCHOONOVER, Judge. Nancy Richter and Gary Richter, plaintiffs in a medical malpractice
actio...nd Franklin. We, accordingly, grant the petition for writ of certiorari and quash the trial
court s order. CAMPBELL, A.C.J., and HALL, J., concur.
293-CITE: 744 So.2d 1029 Dirk FRANZEN, M.D. and Dirk Franzen, M.D., P.A., Appellants, v. Henry E. MOGLER
and Donna Mogler, as personal representatives of the Estate of Michael Mogler, deceased, and
individually, Appellees.
TEXT: On Motions for Rehearing FARMER, Judge. We deny all motions for rehearing but write to
addr...tration and predictability of outcome are in the public interest in controlling increased
medical care costs. See Section 766.201, Fla.Stat. (1995).
294-CITE: 571 So.2d 575 Paul R. SMITH, et al., Appellants, v. Marc HARR, Appellee.
TEXT: GOSHORN, Judge. Paul Smith appeals the final judgment entered against him after the trial
co...etween a plaintiff and the initial tortfeasor. Thus, summary judgment was improperly entered.
REVERSED and REMANDED. COBB and HARRIS, JJ., concur.
295-CITE: 574 So.2d 1202 Philip L. COHN, etc., Appellant, v. Bruce JULIEN, M.D., et al., Appellees.
TEXT: PER CURIAM. We reverse for a new trial because, in this complex and difficult medical
malpra...ount Sinai Hosp. of Greater Miami, 501 So.2d 738 (Fla. 3d DCA 1987); Maleh v. Florida East
Coast Properties, Inc., 491 So.2d 290 (Fla. 3d DCA 1986).
296-CITE: 754 So.2d 838 WESTCHESTER GENERAL HOSPITAL, INC., a Florida corporation, and Preferred Medical
Plan, Inc., a Florida corporation, Petitioners, v. Angel R. RAMOS and Celina R. Ramos, Individually
and for and on Behalf of our son and next friend, Angel J. Ramos, Jr., a minor, Respondents.
TEXT: COPE, J. Westchester General Hospital, Inc., and Preferred Medical Plan, Inc., have
petition...t include financial information, but if it does, there is a protective order preserving
the confidentiality of that information. Certiorari denied.
297-CITE: 437 So.2d 189 BETHESDA RADIOLOGY ASSOCIATES, P.A., and David B. Graves, M.D., Appellants, v.
Manuel YAFFEE and Marion Yaffee, his wife, and James T. Dawsey, M.D., Appellees.
TEXT: GLICKSTEIN, Judge. At issue is whether a radiologist and the P.A. with which he was
associat...). Accordingly, we reverse and remand with direction to proceed in accordance with the
provisions of section 768.56. HURLEY and DELL, JJ., concur.
298-CITE: 489 So.2d 1209 Herbert L. FREEL, Appellant, v. David L. FLEMING and Rogers, Towers, Bailey,
Jones and Gay, P.A., Appellees.
TEXT: WENTWORTH, Judge. Appellant seeks review of a final order dismissing his legal malpractice
a... need not reach that issue. The order of dismissal is reversed and the cause remanded for
further proceedings. BOOTH, C.J., and SMITH, J., concur.
299-CITE: 582 So.2d 1253 NAPLES COMMUNITY HOSPITAL, INC., a Florida non-profit corporation, Appellant,
v. Gloria POLANCO, Appellee.
TEXT: PER CURIAM. We affirm the portion of the order from which this appeal is taken which grants
...*1254 Affirmed in part, reversed in part, and remanded for proceedings consistent herewith.
DANAHY, A.C.J., and LEHAN and ALTENBERND, JJ., concur.
300-CITE: 613 So.2d 126 PUBLIC HEALTH TRUST OF DADE COUNTY, d b a Jackson Memorial Hospital, a public
body corporate and politic; Appellant, v. Freddie Mae GETER, as Personal Representative of the
Estate of Fredericka Geter, Deceased, Appellee. Freddie Mae GETER, as Personal Representative of the
Estate of Fredericka Geter, Deceased, Appellant, v. The UNIVERSITY OF MIAMI, a Florida corporation,
Appellee.
TEXT: PER CURIAM. This is an appeal by the defendant Public Health Trust of Dade County from a
fin...th Trust is reversed, and the cause is remanded to the trial court for a new trial on the
issue of damages only. Affirmed in part; reversed in part
301-CITE: 643 So.2d 1098 Lonnie E. WILLOUGHBY, Jr., Appellant, v. DOWDA AND FIELDS, CHARTERED f d b a
Dowda and Fields, P.A. and Alan B. Fields, Jr., Individually, Appellees.
TEXT: W. SHARP, Judge. Willoughby appeals from a summary judgment denying him any affirmative
reli... In all other respects, the motion is denied. GOSHORN and PETERSON, JJ., concur.
------------ (FN1) See Allie v. Ionata, 503 So.2d 1237 (Fla.1987).
302-CITE: 654 So.2d 624 Robert HIGGS, Appellant, v. FLORIDA DEPARTMENT OF CORRECTIONS and Manuela F.
Decespedes, M.D., Appellees.
TEXT: WOLF, Judge. Appellant, Robert Higgs, filed a medical malpractice action arising out of an
i...red in granting the defendant s motion for summary judgment. We reverse and remand the case for
further proceedings. ERVIN and JOANOS, JJ., concur.
303-CITE: 662 So.2d 1268 Francisco ESTEVEZ, M.D. and Francisco Estevez, M.D., P.A., Appellants, v. Evila
MONTERO, as Personal Representative of the Estate of Julio C. Montero, deceased, Appellee.
TEXT: GODERICH, Judge. The defendants, Dr. Francisco Estevez and his professional association,
app...ute, Section 766.106(3)(a), Florida Statutes (1993), and properly struck the defendants
pleadings, including their affirmative defenses. We affirm.
304-CITE: 526 So.2d 969 Donna Lee BUCHANAN, et al., Appellants, v. Robert A. LIEBERMAN, M.D., et al.,
Appellees.
TEXT: DANIEL, Judge. This is an appeal by the plaintiffs below, Donna Buchanan and her husband,
fr...essentially alleges that Mrs. Buchanan was attacked by Dr. Lieberman. REVERSED and REMANDED
for further proceedings. COBB and COWART, JJ., concur.
305-CITE: 522 So.2d 66 Joyce S. HARTSFIELD, etc., Appellant, v. ORLANDO REGIONAL MEDICAL CENTER, INC.,
Appellee.
TEXT: LEE, R.E., Jr., Associate Judge. Appellant s son, David, was admitted to appellee hospital
a...es her right to attorney s fees which were incurred after the offer of judgment was made.
REVERSED and REMANDED. SHARP, C.J. and COBB, J., concur.
306-CITE: 667 So.2d 1022 William A. SAWKO, M.D., Appellant, v. Michael MAURER and Mary June Maurer, et
al., Appellees.
TEXT: PER CURIAM. A physician seeks review of an order denying his motion to dismiss the
plaintiff...ts, deny the petition. PETITION FOR WRIT OF CERTIORARI DENIED. COBB, HARRIS and
ANTOON, JJ., concur. ------------ (FN1) See Fla.R.App.P. 9.040(c).
307-CITE: 489 So.2d 883 Steven VAN ORE, M.D., Appellant, v. BOARD OF MEDICAL EXAMINERS, Appellee.
TEXT: UPCHURCH, Judge. This is an appeal from a final order of the Florida Board of Medical
Examin... other points raised by Van Ore, we find no error and affirm. AFFIRMED in part; REVERSED
and REMANDED in part. COBB, C.J., and COWART, J., concur.
308-CITE: 595 So.2d 136 Stephen STEBILLA and Lynda Stebilla, etc., Appellants, v. Anthony J. MUSSALLEM,
M.D., etc., et al., Appellees.
TEXT: COBB, Judge. The issue posed by this appeal is whether a medical malpractice complaint
based...f such medical expert is not a resident of the state, the division shall forward such
report to the disciplining authority of that medical expert.
309-CITE: 590 So.2d 1051 PENNSYLVANIA INSURANCE GUARANTY ASSOCIATION, Appellant, v. Michael D. SIKES,
Esq., and Merritt, Sikes & Craig, P.A., Appellees.
TEXT: FERGUSON, Judge. The issue in this case is whether an insurer may maintain a cause of
action... 985, 986 (Fla. 3d DCA 1988) (no claim for malpractice exists until loss at trial level is
made final on appeal). The summary judgment is affirmed.
310-CITE: 471 So.2d 1346 LAWNWOOD MEDICAL CENTER, INC., Appellant, v. Khalil A.I. CASSIMALLY, M.D.,
Appellee.
TEXT: PER CURIAM. Reversed. We reverse on the grounds that mandamus was not an appropriate
remedy....medical staff has the right to invoke the extraordinary remedy of mandamus to resolve the
dispute. ANSTEAD, C.J., and HERSEY and DELL, JJ., concur.
311-CITE: 590 So.2d 444 Osmani SANTA CRUZ and Albert DeLara, Appellants, v. NORTHWEST DADE COMMUNITY
HEALTH CENTER, INC., Appellee.
TEXT: PER CURIAM. Plaintiffs Osmani Santa Cruz and Albert DeLara appeal the dismissal of their
com...d not taken charge of him within the meaning of the Restatement rule. A duty by Northwest Dade
to these plaintiffs, as third persons, did not arise.
312-CITE: 746 So.2d 1134 Donald E. COLBERT, Jr., M.D., etc., Petitioner, v. C. John ROLLS and Mary J.
Rolls, Respondent.
TEXT: PER CURIAM. Petitioner, Dr. Donald E. Colbert, Jr., M.D., seeks certiorari review of the
tri...sdiction at this point. The petition for writ of certiorari is therefore denied. PETITION
DENIED. ANTOON, C.J., DAUKSCH and THOMPSON, JJ., concur.
313-CITE: 560 So.2d 361 Tracy SHEILS and Wanda Sheils, individually and as parents and natural guardians
of Timothy P. Sheils, a minor, Appellants, v. JACK ECKERD CORPORATION, a Florida corporation,
Appellee.
TEXT: CAMPBELL, Chief Judge. In this appeal, appellants, plaintiffs below, Tracy Sheils and Wanda
... 364 So.2d 47 (Fla. 3d DCA 1978); E.R. Squibb & Sons, Inc. v. Jordan, 254 So.2d 17 (Fla. 1st DCA
1971). Affirmed. HALL and PATTERSON, JJ., concur.
314-CITE: 641 So.2d 440 NORTHBROOK PROPERTY AND CASUALTY COMPANY, INC., Intervenors, Petitioner, v. The
Honorable Roger B. COLTON, Circuit Judge of the Fifteenth Judicial Circuit in and for Palm Beach
County, Florida, Respondent.
TEXT: PER CURIAM. We grant the Petition for Writ of Prohibition in part, directing the
respondent,...k relief by motion in the pending appeal. ------------ (FN1) The Lenahans were also
convicted in a criminal prosecution arising from the same fraud.
315-CITE: 705 So.2d 1034 Luis R. PAGAN, M.D. and Luis R. Pagan, M.D., P.A., Defendants Appellants, v.
Glenda SMITH and Roland Smith, Plaintiffs Appellees.
TEXT: SORONDO, Judge. LUIS R. PAGAN, M.D. and LUIS R. PAGAN, M.D., P.A. (Dr. Pagan) appeal the
low...It is clear, therefore, that the research being conducted by counsel, at Dr. Pagan s request,
during the presuit period was valid and in good faith.
316-CITE: 693 So.2d 127 COMPCARE OF FLORIDA, INC., and Florida Preferred Risk, Appellants, v. Gregory
CASON, Appellee.
TEXT: PER CURIAM. Compcare of Florida, Inc., and Florida Preferred Risk appeal an order denying
th...mployer and its insurance carrier be allowed to proceed with an independent medical
examination. BARFIELD, C.J., and ERVIN and BENTON, JJ., concur.
317-CITE: 634 So.2d 217 Julieta SUAREZ, Appellant, v. ST. JOSEPH S HOSPITAL, INC., a Florida
Corporation, Appellee.
TEXT: CAMPBELL, Judge. Appellant, Julieta Suarez, seeks review of the final judgment that
dismisse... order to remove any deficiency that may continue to be perceived in regard to Dr. Lehrer
s verification. DANAHY, C.J., and SCHOONOVER, J., concur.
318-CITE: 719 So.2d 1029 GREENBERG TRAURIG HOFFMAN LIPOFF ROSEN & QUENTEL, P.A., Julie Williamson, an
individual, and Gary Saul, an individual, Appellants, v. SUN NLF LIMITED PARTNERSHIP, and Dadeland
Cove Section One Homeowners Association, Inc. Appellees.
TEXT: PER CURIAM. Pursuant to Appellate Rule 9.130(a)(3)(B), we treat Greenberg Traurig s
petition...on to vacate prior to the oral motion made by Sun NLF at the August 24, 1998, hearing.
For these reasons, we hereby reverse the order under review.
319-CITE: 584 So.2d 220 BOCA RATON COMMUNITY HOSPITAL, Petitioner, v. Mary A. JONES and Wayne H. Jones
her husband, Respondents. Thomas V. RANKIN, M.D., Petitioner, v. Wayne H. JONES, Guardian of the
person, property and estate of Mary A. Jones, an incapacitated person; and Wayne H. JONES,
individually, Respondents.
TEXT: PER CURIAM. In a medical malpractice action against Thomas V. Rankin, M.D., respondents
soug...oning of the majority in Jacksonville Medical Center, Inc. v. Akers, 560 So.2d 1313 (Fla. 1st
DCA 1990), cause dismissed, 581 So.2d 1308 (Fla.1991).
320-CITE: 484 So.2d 1241 Nancy FINKELSTEIN, et vir., Petitioners, v. NORTH BROWARD HOSPITAL DISTRICT,
etc., et al., Respondents.
TEXT: ADKINS, Justice. We have for review North Broward Hospital District v. Finkelstein, 456
So.2...ion of the order awarding attorney s fees against Nurse Poore. It is so ordered. BOYD,
C.J., and OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur.
321-CITE: 528 So.2d 1 Enrique MORALES, M.D.; White, Kump and Morales, M.D., P.A.; and Florida Patient s
Compensation Fund, Appellants Cross Appellees, v. Clara M. SCHERER, Appellee Cross Appellant.
TEXT: GUNTHER, Judge. Enrique Morales, M.D., his professional association (referred to
collectivel...19 So.2d 616 (Fla.1988), the Florida Supreme Court held that a cause of action accrues
upon the happening of an accident and the attendant injuries.
322-CITE: 478 So.2d 1062 Mildred Irene ROBISON, Incompetent, By and Through her guardian, Ethel M.
BUGERA, Petitioner, v. FLORIDA PATIENT S COMPENSATION FUND, Respondent.
TEXT: PER CURIAM. This cause is before us pursuant to the certification by the district court
that... Taddiken. It is so ordered. BOYD, C.J., and OVERTON, McDONALD and SHAW, JJ., concur.
EHRLICH, J., concurs in result only. ADKINS, J., dissents.
323-CITE: 738 So.2d 442 Stephen BABIC, M.D., Boca Raton Cardiology Associates, M.D., P.A. a k a Babic
and Vinci and Lieberman, P.A., Appellants, v. PHYSICIANS PROTECTIVE TRUST FUND, a Florida insurance
company, Eliot H. Berg, M.D., and Michael F. Lynch, Appellees.
TEXT: HAZOURI, J. Stephen Babic, M.D. and Boca Raton Cardiology Associates, Inc., P.A. a k a
Babic...location of fault and wants to spread the blame. We affirm the trial court s granting of the
final summary judgment. GUNTHER and GROSS JJ., concur.
324-CITE: 532 So.2d 60 PINELLAS EMERGENCY MENTAL HEALTH SERVICES, INC., Appellant, v. Shirley RICHARDSON
and William Richardson, her husband, and Charles Lloyd Albury, Charles B. Albury, Maxine F. Albury,
his wife, Psychiatric Hospitals of Florida, Inc., d b a Horizon Hospital, Appellees.
TEXT: SCHEB, Acting Chief Judge. Pinellas Emergency Mental Health Services, Inc. (PEMHS) appeals
a...s of the Act, but we vacate the trial court s order and remand for further proceedings
consistent with this opinion. RYDER and PARKER, JJ., concur.
325-CITE: 608 So.2d 584 Marvin KRAVITZ and Margot Kravitz, Appellants, v. Lewis S. BENJAMIN, D.M.D.
Lewis S. Benjamin, D.M.D., P.A., and Paul A. Talchik, D.D.S., Appellee.
TEXT: POLEN, Judge. Marvin Kravitz and Margot Kravitz, his wife, appeal the trial court s
dismissa...of that section also provided that it shall not apply to any cause of action with respect
to which suit has not been filed prior to October 1, 1985.
326-CITE: 655 So.2d 1265 Jeffrey COHEN, M.D., et al., Petitioners, v. David DEYOUNG, etc., Respondent.
TEXT: W. SHARP, Judge. Jeffrey Cohen and Internal Medicine Specialist, P.A., petitioners, ask
this...way does it limit DeYoung s right to proceed with this litigation. Petition for Writ of
Certiorari DENIED. HARRIS, C.J., and THOMPSON, J., concur.
327-CITE: 538 So.2d 1319 Josephine SHAPIRO, as personal representative of the Estate of Lee Shapiro, and
Josephine Shapiro, individually, Appellants, v. James BARRON, M.D., et al., Appellees.
TEXT: PER CURIAM. The trial court granted a summary judgment in favor of the appellee, Doctor
Barr...ics. REVERSED AND REMANDED FOR FURTHER PROCEEDINGS CONSISTENT HEREWITH. GLICKSTEIN and
GARRETT, JJ., and KAHN, MARTIN D., Associate Judge, concur.
328-CITE: 538 So.2d 978 Harlan S. CHIRON, P.A., Harlan S. Chiron, M.D., and Vivian Fernandez,
Appellants, v. Vickie Sher PAUL, Appellee.
TEXT: PER CURIAM. These are appeals from a judgment entered pursuant to a jury verdict awarding
da...nt and, if they had, whether the court-awarded fees exceeded the amount to which they had
agreed. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
329-CITE: 541 So.2d 671 Shirley WILENSKY and Joseph Wilensky, individually and as husband and wife,
Lawrence Passick and Rene S. Passick, his wife, Appellants, v. NORTH MIAMI GENERAL HOSPITAL, the
Travelers Indemnity Company and Florida Medical Malpractice Joint Underwriting Association,
Appellees.
TEXT: PER CURIAM. Affirmed. See Champion v. Gray, 478 So.2d 17 (Fla.1985); Brown v. Cadillac
Motor...a Patient s Compensation Fund v. Tillman, 453 So.2d 1376 (Fla. 4th DCA 1984); Steiner and
Munach, P.A. v. Williams, 334 So.2d 39 (Fla. 3d DCA 1976).
330-CITE: 645 So.2d 167 Raymond OENBRINK, D.O.; Emsa Limited Partnership; Palm Beach Gardens Medical
Center; Stewart Bitman, M.D.; David L. Vastola, D.O.; David L. Vastola, D.O., P.A.; and Edgar
Covarrubias, M.D., Petitioners, v. Carole SCHIEGNER, Individually and as guardian of Suzanne
Schiegner, an incompetent, Respondents.
TEXT: PER CURIAM. We deny the petition for writ of certiorari in this medical malpractice action
i...980 (Fla. 5th DCA 1993); Wolfsen v. Applegate, 619 So.2d 1050 (Fla. 1st DCA 1993). The petition
is denied. STONE, POLEN and PARIENTE, JJ., concur.
331-CITE: 638 So.2d 530 The MIAMI HEART INSTITUTE and the Miami Heart Research Institute, Petitioners,
v. Robert REIS, Daniel L. Stickler, Benjamin Befeler, and Cedars Medical Center, Inc., Respondents.
TEXT: JORGENSON, Judge. Robert M. Reis, M.D. and the Miami Heart Institute seek certiorari review
...going reasons, we grant the petition for certiorari, quash the orders under review, and remand
with directions to deny access to the records sought.
332-CITE: 723 So.2d 398 Harry A. GAINES, Appellant, v. Don RUSSO, individually, Thomas A. Culmo, Russo &
Culmo, P.A., Elizabeth Koebel Russo, individually, Patrice A. Talisman, individually, and Russo &
Talisman, P.A., Appellees.
TEXT: PER CURIAM. Harry A. Gaines ( the client ) appeals orders dismissing his legal malpractice
a...gs consistent herewith. Affirmed in part, reversed in part. ------------ (FN*) The parties have
advised us that the battery claim has been dropped.
333-CITE: 644 So.2d 610 EASTERN AIRLINES and Travelers Insurance Co., Appellants, v. Freddy BECKER,
Appellee.
TEXT: PER CURIAM. The employer carrier appeal a workers compensation order which we affirm except
...dical, and we strike from the order any authorization for future medical. As amended, the order
is affirmed. ALLEN, WEBSTER and DAVIS, JJ., concur.
334-CITE: 734 So.2d 551 Harry PEARSON, Appellant, v. Athena C. PEFKAROU, M.D., et al., Appellees.
TEXT: PER CURIAM. The trial court dismissed Harry Pearson s medical malpractice claim for lack of
...s of court. See Section 454.18, Fla.Stat.(1997); Carr v. Grace, 321 So.2d 618 (Fla. 3d DCA 1975),
cert. denied, 348 So.2d 945 (Fla.1977). Affirmed.
335-CITE: 463 So.2d 1226 Ruth Johnson McCUTCHEON and Louis N. McCutcheon, Appellants, v. The HERTZ
CORPORATION, a Delaware corporation, Frank A. Stuart, M.D., individually, Frank A. Stuart, M.D.,
P.A., and Underwriters at Lloyds, Appellees.
TEXT: DELL, Judge. This appeal presents the question of whether an injured plaintiff who accepts
a...irm the final summary judgment in favor of Hertz and dismissal of McCutcheon s complaint against
Stuart. AFFIRMED. HERSEY and WALDEN, JJ., concur.
336-CITE: 606 So.2d 651 DAVID B. MISHAEL, P.A., Appellant, v. FERRELL, CARDENAS, FERTEL, RODRIGUEZ &
MISHAEL, P.A., Appellee.
TEXT: PER CURIAM. This appeal arises from a fee dispute between attorneys. As phrased by the
appel...r a 2.0 risk multiplier in calculating a quantum meruit value of the attorney s services.
Reversed and remanded for further consistent proceedings.
337-CITE: 453 So.2d 123 PARKWAY GENERAL HOSPITAL, INC., a Florida corporation, Roberta Braun, Caroline
Nall, Wilma Smith and Barbara Jonaitis, Petitioners, v. Peter G. ALLINSON, M.D., Respondent.
TEXT: ON REHEARING HENDRY, Judge. Parkway General Hospital, Roberta Braun, Caroline Nall, Wilma
S...i granted. The ruling of the trial court denying a protective order is quashed. Remanded for
further proceedings not inconsistent with this opinion.
338-CITE: 458 So.2d 1195 CITY OF GAINESVILLE and Crawford & Company, Appellants, v. Charles H. HELTON,
Appellee.
TEXT: PER CURIAM. This cause is before us on appeal from a workers compensation order finding
that...4 So.2d 642 (Fla. 1st DCA 1982). *1197 Reversed and remanded for proceedings consistent with
this opinion. BOOTH, SMITH and THOMPSON, JJ., concur.
339-CITE: 468 So.2d 431 WINTER PARK MEMORIAL HOSPITAL ASSOCIATION, INC., Appellant, v. Randy HORTON and
Florida Patient s Compensation Fund, Appellees.
TEXT: DAUKSCH, Judge. This is an appeal and a cross-appeal from a judgment in a medical
malpractic... we will review any properly appealed order. The appeals are dismissed for lack of a
justiciable issue. DISMISSED. SHARP and COWART, JJ., concur.
340-CITE: 500 So.2d 585 Leslie PEARLSTEIN, M.D., and Robert Thacker, M.D., et al., Petitioners, v. John
T. MALUNNEY and Earla Malunney, Respondents.
TEXT: DANAHY, Chief Judge. Petitioners, defendants in a pending medical malpractice action, seek
a...rtiorari is granted and this case is remanded to the trial court for further proceedings
consistent with this opinion. LEHAN and HALL, JJ., concur.
341-CITE: 640 So.2d 93 Ann R. WILSON and Dorothy Mae Heastie, as Co-Personal Representatives of the
Estate of Nathaniel Wilson, Appellants, v. HEALTH TRUST, INC.--The Hospital Company; Hospital
Development and Service Corp. d b a Plantation General Hospital; Raphael Arango, M.D.; Raphael
Arango, M.D., P.A.; Taranco & Associates Anesthesiology Group, P.A., d b a Plantation Tamarac
Anesthesiology Group, P.A. and Hillary Bergman (a k a Hillary Mendelsohn), C.R.N.A., Appellees.
TEXT: ON MOTION FOR REHEARING PER CURIAM. The opinion of this court filed May 18, 1994 is
withdra... find no error in the other issues raised by plaintiffs and therefore affirm. KLEIN and
PARIENTE, JJ., concur. WARNER, J., concurs in result only.
342-CITE: 546 So.2d 37 MOUNT SINAI MEDICAL CENTER, Petitioner, v. Sandra SCHULTE and Thomas Schulte,
Respondents.
TEXT: PER CURIAM. By petition for writ of certiorari petitioner asks that we vacate an order
requi... respondents, but the incident report itself shall not be produced to respondents.
Certiorari granted, order quashed, and remanded with directions.
343-CITE: 715 So.2d 1047 William PARKER and Taino Farms, Ltd., Appellants, v. GRAHAM & JAMES, n k a
Graham & James, L.L.P., Conception, Sexton & Stiphany, n k a Conception, Sexton & Urdaneta, Francis
X. Sexton, Jr. and Francis X. Sexton, Jr., P.A.., Appellees.
TEXT: SHEVIN, Judge. William Parker and Taino Farms, Ltd. [ plaintiffs ], appeal the dismissal of
... trial. Bill Branch Chevrolet, Inc., 555 So.2d at 456. Accordingly, we reverse and remand the
cause for further proceedings. Reversed and remanded.
344-CITE: 447 So.2d 343 TOLEDO PARK HOMES and H.D.V. Construction Corp., Appellants, v. John A. GRANT,
JR., Appellee.
TEXT: HERSEY, Judge. This matter began as an action for breach of contract and professional
malpra... or should have been discovered. Accordingly we reverse and remand for further proceedings.
REVERSED and REMANDED. LETTS and BERANEK, JJ., concur.
345-CITE: 541 So.2d 143 Regina NAZZARO, Appellant, v. S. Anthony WOLFE, M.D., Henry K. Kawamoto, Jr.,
M.D., and Cedars Medical Center, Inc., a Florida corporation, d b a Cedars Medical Center,
Appellees.
TEXT: PER CURIAM. Regina Nazzaro appeals final orders granting summary judgments in favor of Dr.
A...ter, Nazzaro s affidavits in opposition to summary judgment did not suffice to raise disputed
issues of material fact on the question of negligence.
346-CITE: 645 So.2d 544 Bonnie ARCHER, Appellant, v. Ronald A. MADDUX, M.D., and Ronald A. Maddux, M.D.,
P.A., Appellees.
TEXT: BENTON, Judge. Bonnie Archer appeals the judgment dismissing her medical malpractice
complai...ourts that the statute, considered alone, might pose. See Art. I, Section 21, Fla. Const.
AFFIRMED. LAWRENCE, J., and SMITH, Senior Judge, concur.
347-CITE: 438 So.2d 79 Roslyn ZERLIN; Martin Cohen, as Executor of the Estate of Louis Cohen,
Appellants, v. Jean LANSBURGH and Leonard Lansburgh, as Co-Personal Representatives of the Estate of
Morris Lansburgh, deceased; Jean K. Lansburgh, Bernard Fuller, Erwin J. Fried, Ivar Blacker, Alan J.
Cohen, Jerry Whittels, Joel Cohen, Hillard Halpryn, Sam Cohen and Bennett M. Lifter, Trustee,
Appellees.
TEXT: NESBITT, Judge. The appellants and appellees were joint owners of the ground lease for the
E...ing left Zerlin and Cohen s personal right to recover damages undisturbed. Consequently, we
reverse the order dropping Zerlin and Cohen as parties.
348-CITE: 601 So.2d 1318 Cecelia Miles WRIGHT, as parent and natural guardian of Lori Wright, a minor,
Appellant, v. POLK COUNTY PUBLIC HEALTH UNIT, Appellee.
TEXT: HALL, Judge. The appellant, Cecilia Miles Wright, challenges a final order dismissing her
me...rder dismissing the case with prejudice and remand for further proceedings consistent with this
opinion. RYDER, A.C.J., and SCHOONOVER, J., concur.
349-CITE: 661 So.2d 849 Carmen and George BOMBALIER, individually and as Personal Representatives of the
Estate of Christian Bombalier, Appellants, v. LIFEMARK HOSPITAL OF FLORIDA, d b a Palmetto General
Hospital, Appellee.
TEXT: Corrected Opinion PER CURIAM. On motion for clarification, the previous opinion of this
cou...ance a rejection and by entering summary judgment in favor of Palmetto. We reverse and remand
for further proceedings consistent with this opinion.
350-CITE: 744 So.2d 1142 Patricia MEDINA and Gabriel Medina, her husband, Appellants, v. The PUBLIC
HEALTH TRUST d b a Lower Jackson Memorial Hospital, Appellee.
TEXT: On Motion for Rehearing PER CURIAM. Appellee s motion for rehearing is denied. Before
SCHW...and JORGENSON and SORONDO, JJ., concur. ------------ (FN2) The evidence of part of the
statute is neither quoted nor discussed in the panel opinion.
351-CITE: 691 So.2d 1136 Anthony K. STEPHENS, Appellant, v. BAY MEDICAL CENTER, Frederick B. Epstein,
M.D.; Kevin Morrissey, M.D.; Bay Emergency Physician Specialists, Inc.; Michael Walker, M.D., and
John Doe, a medical specialist, Appellees.
TEXT: JOANOS, Judge. This is an appeal from an order of final summary judgment in favor of the
def...verse the grant of final summary judgment in favor of appellees, and remand this cause for
further proceedings. WOLF and VAN NORTWICK, JJ., concur.
352-CITE: 510 So.2d 926 Juanita MILLER and Juanita Miller as Personal Representative of the Estate of
Robert Miller, Deceased, Appellant, v. Antonio COURT, M.D., and Alexander Miranda, M.D., Appellees.
TEXT: WALDEN, Judge. This is a medical malpractice action brought by Mr. and Mrs. Miller against
D... error. Accordingly, we reverse and remand for a new trial in accordance with this opinion.
REVERSED AND REMANDED. DELL and GUNTHER, JJ., concur.
353-CITE: 542 So.2d 457 Moises GRIMBERG, Appellant, v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF
MEDICINE, Appellee.
TEXT: PER CURIAM. Dr. Grimberg appeals that part of an order of the Board of Medicine increasing
a...f medical boards which have great expertise and broad statutory discretion. Department of Prof.
Reg. v. Bernal, 531 So.2d 967 (Fla.1988). Affirmed.
354-CITE: 580 So.2d 348 COASTAL LUMBER COMPANY and Sewell, Todd & Broxton, Appellants, v. Bento NIMMO,
Appellee.
TEXT: PER CURIAM. Appellants challenge a final order of a judge of compensation claims (JCC)
raisi...er is affirmed, but the case is remanded for presentation of proper proof with regard to the
medical bills. ZEHMER, BARFIELD and WOLF, JJ., concur.
355-CITE: 647 So.2d 886 Daniel J. ZBIN, Appellant, v. Oliver Addison PARKER, Anne E. Morton, as personal
representative of the estate of Chesley V. Morton, deceased, and Morton & Parker, a law firm
partnership in process of dissolution, Appellees
TEXT: PER CURIAM. This appeal follows from a final order of dismissal for lack of prosecution of
D...a period of 1 year shall be dismissed . . . unless a stipulation staying the action is approved
by the court or a stay order has been filed. . . .
356-CITE: 448 So.2d 1058 Teodoro J. TORRES and Victor Torres, Appellants, v. Leroy W. NELSON and Louis
J. Weinstein, Appellees.
TEXT: PER CURIAM. This is an appeal from a final summary judgment for the defendant attorneys in
a...negligent in this matter. The final summary judgment under review is reversed and the cause is
remanded to the trial court for further proceedings.
357-CITE: 588 So.2d 982 George WILLIAMS, D.D.S., Petitioner, v. Fred CAMPAGNULO, etc., Respondent.
TEXT: OVERTON, Justice. The petitioner, George Williams, a dentist, seeks review of Campagnulo v.
... to reinstate the judgment entered by the trial court. It is so ordered. SHAW, C.J. and
McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.
358-CITE: 464 So.2d 1225 Stanley FRANKOWITZ, D.O., John Thesing, D.O., Sunrise Medical Group, James J.
Yezbick, D.O., David Miller, D.O., and John A. Neily, Appellants, v. Myrtle PROPST and Matthias
Propst, Appellees.
TEXT: DELL, Judge. Appellants challenge the constitutionality of Section 768.56, Florida Statutes
...e before the statute was enacted. See Parrish v. Mullis, 458 So.2d 401 (Fla. 1st DCA 1984) and
Tindall v. Miller, 463 So.2d 1262 (Fla. 2d DCA 1985).
359-CITE: 514 So.2d 1134 WINTER PARK MEMORIAL HOSPITAL ASSOCIATION, INC., et al., Appellants, v. David
Watkins JEMISON, etc., et al., Appellees.
TEXT: ORFINGER, Judge. We affirm the award of attorney s fees to the plaintiffs who prevailed in
t...2 (Fla. 2d DCA 1987) and Liebeler v. Zimmerman, 513 So.2d 1310 (Fla. 2d DCA 1987). AFFIRMED.
COBB, J. and LEE, R.E., Jr., Associate Judge, concur.
360-CITE: 684 So.2d 901 Susan KURZWEIL and Allen B. Kurzweil, Appellant, v. LARKIN HOSPITAL OPERATING
CO., a Florida Corporation, Appellee.
TEXT: GREEN, Judge. This is an appeal from an award of attorney s fees pursuant to sections
766.10... 1st DCA 1992). Accordingly, we must remand this issue back to the trial court for further
findings. Reversed and remanded for further proceedings.
361-CITE: 561 So.2d 671 Laurence ADELMAN, Petitioner, v. Nancy ADELMAN, Respondent.
TEXT: HUBBART, Judge. This is a petition for a writ of certiorari brought by a husband in a
marria...ng the order disqualifying The Vogelsang Law Firm from representing Mr. Adelman, and,
accordingly, the petition for a writ of certiorari is Denied.
362-CITE: 604 So.2d 930 Gayle Deschaine WILLIAMS and Garris Williams, Petitioners, v. Hon. William F.
EDWARDS, Circuit Court Judge, etc., et al. Respondents.
TEXT: DAUKSCH, Judge. This is a petition for mandamus which we have elected to treat as a
petition...by the supreme court in Stebilla had nothing to do with the substance of this ruling.
ORDER QUASHED; CAUSE REMANDED. COBB and HARRIS, JJ., concur.
363-CITE: 528 So.2d 980 Paula G. PARKER and James C. Parker, her husband, Appellants, v. LAKELAND
REGIONAL MEDICAL CENTER; Gary M. Ainsworth, M.D.; Umesh Mhatre, M.D.; Umesh Mhatre, M.D., P.A.; D.G.
(Dana Gerald) Killam, M.D.; D.G. (Dana Gerald) Killam, M.D., P.A.; and Brookwood Medical Center of
Lake City, Inc., d b a Lake City Medical Center, Appellees.
TEXT: PER CURIAM. The appellants contend, and appellee, Lakeland Regional Medical Center, agrees
t...rse the summary judgment entered and remand to the circuit court for further proceedings.
SCHOONOVER, A.C.J., and HALL and THREADGILL, JJ., concur.
364-CITE: 603 So.2d 1371 James Curtis BOYD, Appellant, v. Ferdinand F. BECKER, M.D., Appellee.
TEXT: ANSTEAD, Judge. James Curtis Boyd was the plaintiff in a medical malpractice action. The
tri...s with that set out in Barron. Accordingly, we affirm the decision of the trial court.
HERSEY, J., and ALDERMAN, JAMES E., Senior Justice, concur.
365-CITE: 561 So.2d 324 John INGERSOLL and Kay Ingersoll, Appellants, v. Warren HOFFMAN, D.D.S.,
Appellee.
TEXT: PER CURIAM. Appellants, John and Kay Ingersoll, seek review of a March 23, 1989, order *325
...d 1337 (Fla. 3d DCA), cert. denied, 378 So.2d 342 (Fla.1979). I would reverse the order of
dismissal and remand the case for a trial on the merits.
366-CITE: 621 So.2d 748 ROGER ZITRIN, M.D., P.A., Appellant, v. Donald Kenneth GLASER, M.D., et al.,
Appellees.
TEXT: MOE, LEROY H., Associate Judge. This is an appeal from an order dismissing a legal
malpracti...ane has the limited application indicated by the majority opinion. Rather, in my
judgment the reasoning of that opinion also supports our reversing.
367-CITE: 704 So.2d 623 James S. PARHAM, Appellant, v. Gene A. BALIS, M.D., Chester E. Sutterlin, III,
M.D., Chester E. Sutterlin, III, M.D., P.A., and Musculoskeletal Institute Chartered, Appellees.
TEXT: PER CURIAM. James S. Parham, plaintiff in a medical malpractice action, appeals the
dismissa...out interruption from the day of the malpractice incident until the expiration of the
statutory period without regard to the statute of limitations.
368-CITE: 541 So.2d 92 Ellen M. CARR, et al., Petitioners, v. BROWARD COUNTY, etc., et al., Respondents.
TEXT: OVERTON, Justice. This cause is before the Court on petition for review of the Fourth
Distri...her right of access to the courts in violation of article I, section 21 of the Constitution
of the State of Florida. SHAW and BARKETT, JJ., concur.
369-CITE: 734 So.2d 486 Elizabeth L. DIMICK-RUSSELL & John Russell, Appellant, v. Manuel FRANKEL,
D.D.S., Appellee.
TEXT: HARRIS, J. While we affirm the court s dismissal herein, we hold that it should not be with
...was not bar to filing a second action based on the same cause), rev. denied, 547 So.2d 1210
(Fla.1989). AFFIRM. DAUKSCH and THOMPSON, JJ., concur.
370-CITE: 584 So.2d 567 PUBLIC HEALTH TRUST OF DADE COUNTY, Florida, etc., Petitioner, v. Magda
MENENDEZ, et al., Respondents.
TEXT: KOGAN, Judge. We have for review Menendez v. Public Health Trust, 566 So.2d 279 (Fla. 3d
DCA...inole Memorial Hospital, Inc., 456 So.2d 561 (Fla. 5th DCA 1984); and Whitney v. Marion County
Hospital District, 416 So.2d 500 (Fla. 5th DCA 1982).
371-CITE: 686 So.2d 617 Maelee WILDER, Appellant, v. HILLSBOROUGH COUNTY HOSPITAL AUTHORITY d b a Tampa
General Hospital, Appellee.
TEXT: PER CURIAM. Maelee Wilder, the plaintiff in a medical malpractice action, appeals a final
su...ed, renders the suit timely filed. Accordingly, we reverse and remand for further proceedings.
CAMPBELL, A.C.J., and BLUE and FULMER, JJ., concur.
372-CITE: 632 So.2d 114 MIAMI PHYSICAL THERAPY ASSOCIATES, INC., et al., Petitioners, v. James SAVAGE,
Respondent.
TEXT: JORGENSON, Judge. Miami Physical Therapy Associates, Inc., and Marcie Howkins, P.T., appeal
... I would dismiss the petition without prejudice to the petitioner s right to review the order by
plenary appeal following an adverse final judgment.
373-CITE: 527 So.2d 250 Ronald P. CASTRO, Appellant, v. Albert J. DAVIS, M.D., and Albert J. Davis,
M.D., and Associates, P.A., a Professional Association, Appellees.
TEXT: FRANK, Judge. Based upon the events described below, Ronald P. Castro challenges the trial
c...he time limits set forth in Section95.11. However, during the 90-day period, the statute of
limitations is tolled as to all potential defendants.
374-CITE: 445 So.2d 1058 Ethel M. PHILLIPS, et ux., Appellants, v. MEASE HOSPITAL AND CLINIC, et al.,
Appellees.
TEXT: CAMPBELL, Judge. This is an appeal of the trial court s dismissal of a medical malpractice
a...uted facts, the issue is for a jury and not the proper subject for summary judgment. Reversed
and remanded. HOBSON, A.C.J., and RYDER, J., concur.
375-CITE: 618 So.2d 369 Jeromy ANDERSON, a minor, By and Through Roxanne ANDERSON, his mother, and
Roxanne Anderson, individually, Appellants, v. Charles E. LORE, M.D., D. Orvin Jenkins, M.D.,
Babers, Lore & Associates, P.A., a Florida professional service corporation, and Michael Lee
Anderson, Appellees.
TEXT: PER CURIAM. Petitioners in this medical malpractice action seek a writ of certiorari to
reve...tial requirements of law. Because the standard for certiorari has not been met, we deny the
writ. JOANOS, C.J., and MINER and WEBSTER, JJ., concur.
376-CITE: 506 So.2d 35 John MANTESTA, Appellant, v. FLORIDA PATIENT S COMPENSATION FUND, Appellee.
TEXT: DOWNEY, Judge. The issue before us in this appeal is whether the acceptance of certain
check... cause is remanded with directions to enter final judgment for the appellant. GLICKSTEIN,
J., and WETHERINGTON, GERALD T., Associate Judge, concur.
377-CITE: 669 So.2d 1150 Debra PERGREM, Appellant, v. William HORAN, M.D., Appellee.
TEXT: W. SHARP, Judge. Pergrem appeals from a final summary judgment entered against her in a
medi...ys = January 1995. Since her complaint was filed November 2, 1994, her lawsuit against Horan
was timely. REVERSED. HARRIS and ANTOON, JJ., concur.
378-CITE: 478 So.2d 1063 FLORIDA PATIENT S COMPENSATION FUND, Petitioner, v. Elvera ISABELLA and Albert
Isabella, Respondents.
TEXT: PER CURIAM. We have before us by petition for review Isabella v. Florida Patient s
Compensat...s opinion. It is so ordered. BOYD, C.J., and OVERTON, McDONALD and SHAW, JJ., concur.
EHRLICH, J., concurs in result only. ADKINS, J., dissents.
379-CITE: 527 So.2d 939 Robert M. CASE, D.P.M., Appellant, v. Ethel F. BENTLEY, Appellee.
TEXT: PER CURIAM. In this medical malpractice case defendant appeals from the trial court s order
...nded for reinstatement of the jury verdict and for other proceedings consistent with this
opinion. RYDER, A.C.J., and LEHAN and FRANK, JJ., concur.
380-CITE: 664 So.2d 65 Kelly A. MILLS, Individually, as a Parent, and as Personal Representative of the
Estate of Alexis Rosenthal; and Jack Rosenthal, Individually and as a Parent of Alexis Rosenthal,
Appellants, v. NORTH BROWARD HOSPITAL DISTRICT, d b a Broward General Medical Center; Sunlife OB GYN
Services of Broward County, Inc.; Lherisson Domond, M.D.; and Lherisson Domond, M.D., P.A.,
Appellees.
TEXT: FARMER, Judge. (FN1) We reverse a final order of dismissal of plaintiffs medical
malpractice... Plan as a condition precedent to the providers invoking NICA as the patient s
exclusive remedy? REVERSED. GUNTHER, C.J., and WARNER, J., concur.
381-CITE: 516 So.2d 1117 Antonio MUINA, M.D., Appellant, v. Mittie and Frank HOOD, Appellees.
TEXT: WENTWORTH, Judge. Appellant seeks review of an order by which his motion for relief from
jud... review of his case in this court in accordance with principles of fairness and justice. The
order is affirmed. JOANOS and WIGGINTON, JJ., concur.
382-CITE: 705 So.2d 981 Edward SMITH, Appellant, v. Rhonda M. BUZZELLI, Steven Blackler, and United
Services Automobile Association (USAA), Appellees.
TEXT: STEVENSON, Judge. This appeal stems from a jury verdict in favor of the plaintiff following
...dical expenses and remand with instructions that the judgment be so amended. AFFIRMED in part
and REVERSED in part. FARMER and KLEIN, JJ., concur.
383-CITE: 457 So.2d 577 Peter JUNG, Appellant, v. CITY OF SARASOTA, et al., Appellees.
TEXT: PER CURIAM. Claimant appeals an order denying payment of his medical bills. We affirm. No
m...ports were in evidence and there was no excuse for the failure to introduce them into evidence.
AFFIRMED. BOOTH, SMITH, and THOMPSON, JJ., concur.
384-CITE: 518 So.2d 315 AMERICAN MUTUAL INSURANCE COMPANY, Appellant, v. Jacob DECKER, Jr., Appellee.
VINCO PLASTERING & DRYWALL, and Florida Employers Insurance Service Corporation, Appellants, v.
William P. MAHAN, M.D., and W.P. Mahan, M.D., P.A.; and Joe Harris and Linda Harris, Appellees.
UNDERWRITERS ADJUSTING CO. THE FAMILY MART, Appellants, v. Aaron SCHNEIDER, M.D., and A. Schneider,
M.D., P.A., Humana, Inc., d b a Sunbay Community Hospital and Sunbay Community Medical Staff, Inc.,
Florida Patients Compensation Fund, and Billy Joe Hicks, Appellees. FLORIDA POWER CORPORATION,
Appellant, v. HUMANA OF FLORIDA, INC., d b a Sun Bay Community Hospital; Sun Bay Community Hospital
Medical Staff, Inc.; Aaron Schneider, M.D., P.A.; Florida Patients Compensation Fund; Laurence J.
Reilly and Mary Ann Reilly, husband and wife, Appellees.
TEXT: FRANK, Judge. The above-styled matters were consolidated for consideration and disposition
b...of Fla., codified at Section 768.76, Fla.Stat. (Supp.1986). (FN*) Judge Lehan participated in
the decision but did not participate in oral argument.
385-CITE: 440 So.2d 1309 Robert A. HOWARD, Mary Kay Howard and Erwin Fiesler, Appellants, v. Evelyn
Langlieb GREER; Evelyn Langlieb Greer, P.A.; Idus Q. Wicker, individually; Idus Q. Wicker, James A.
Smith, Eric J. Blomqvist, Jr., Fred C. Davant, John F. McMath, G. Victor Tutan, Dennis O Hara, and
Jackson F. McCoy, individually and as partners in the law firm of Wicker, Smith, Blomqvist, Davant,
McMath, Tutan and O Hara; Jon E. Krupnick; Law Offices of Jon E. Krupnick, P.A.; Gerald Walsh; James
Vincent Dolan; Walsh, Dolan & Krupnick, P.A.; Gulf Insurance Company; Select Insurance Company; and
Lawyers Professional Liability Insurance Company; Northbrook Excess & Surplus Insurance Company,
Appellees.
TEXT: BASKIN, Judge. The Howards, judgment creditors of the Anaconda Real Estate Investment
Trust,...ived the right to seek the proceeds of the pending malpractice lawsuit. The summary
judgment in favor of appellees is therefore affirmed. Affirmed.
386-CITE: 551 So.2d 564 Donald L. AMES, M.D., Appellant, v. Edwin L. LINDSEY, M.D., Appellee.
TEXT: DELL, Judge. Appellant, Donald L. Ames, M.D. received a favorable verdict in a medical
malpr...rd appellant attorney s fees in accordance with the parties stipulation as to the amount.
REVERSED and REMANDED. GUNTHER and GARRETT, JJ., concur.
387-CITE: 458 So.2d 342 FLORIDA PATIENT S COMPENSATION FUND, Petitioner, v. S.L.R., a minor, By and
Through his next friend, natural guardian and parent, Elizabeth A. MOORE, and Elizabeth A. Moore,
individually, Respondent.
TEXT: SHARP, Judge. We deny the petition for writ of certiorari filed by the Florida Patient s
Com...o.2d 940 (Fla. 5th DCA 1984). (FN3) Section 95.11(4)(b), Fla.Stat. (1983). (FN4) Fla.R.App.P.
9.040(c). (FN5) Section 95.11(4)(b), Fla.Stat. (1981).
388-CITE: 741 So.2d 1249 Michael J. SLATER, Appellant, v. WALGREENS CO., an Illinois corporation,
authorized to do business in the State of Florida, Appellee.
TEXT: PER CURIAM. Michael J. Slater filed a personal injury suit against Walgreens. Slater raises
s...we remand for a new trial on the issue of future medical damages but affirm on all other issues.
PARKER, A.C.J., and BLUE and WHATLEY, JJ., Concur.
389-CITE: 673 So.2d 899 STATE of Florida, DEPARTMENT OF REVENUE, Appellant, v. CENTRAL DADE MALPRACTICE
TRUST FUND, Appellee.
TEXT: DAVIS, Judge. In the first of these consolidated cases, the State of Florida appeals the
fin...x was erroneously imposed by denying the credits to which Central Dade Malpractice Trust Fund
was entitled. ZEHMER, C.J., and BARFIELD, J., concur.
390-CITE: 747 So.2d 1010 CIRCLE K CORPORATION AIG CLAIMS SERVICES, INC., Appellant, v. Cynthia WEBSTER,
etc., et al., Appellees.
TEXT: COBB, J. After the suicide of James Webster, his personal representative filed a
malpractice...mpted to foreclose the lienholder by dismissing the underlying action without notice.
REVERSED AND REMANDED. ANTOON, C.J. and DAUKSCH, J., concur.
391-CITE: 609 So.2d 583 THE FLORIDA BAR, Complainant, v. Ray SANDSTROM, Respondent.
TEXT: PER CURIAM. Ray Sandstrom petitions for review of the finding of fact, recommendations
regar...hich sum let execution issue. It is so ordered. BARKETT, C.J., and OVERTON, McDONALD,
GRIMES, KOGAN and HARDING, JJ., concur. SHAW, J., dissents.
392-CITE: 538 So.2d 473 Hope GOLDSTEIN and David Goldstein, Appellants, v. David RICHTER, M.D., et al.,
Appellees.
TEXT: GUNTHER, Judge. Hope and David Goldstein (Goldsteins) appeal three final orders awarding
att...s to costs, we reverse the award of $9,266.26, and affirm the award of $1,782.61. AFFIRMED IN
PART, REVERSED IN PART. LETTS and DELL, JJ., concur.
393-CITE: 557 So.2d 863 FLORIDA PATIENT S COMPENSATION FUND, Petitioner, v. Darryl MOXLEY, etc., at al.,
Respondants. Neil J. KARLIN, M.D., et al., Petitioners, v. Darryl MOXLEY, etc., et al., Respondants.
TEXT: GRIMES, Justice. We review Florida Patient s Compensation Fund v. Moxley, 545 So.2d 922,
924...n the Fund, is obligated to pay the attorney s fees. It is so ordered. EHRLICH, C.J., and
OVERTON, McDONALD, SHAW, BARKETT and KOGAN, JJ., concur.
394-CITE: 647 So.2d 849 Charles KUKRAL and Milly Kukral, Appellants, v. George D. MEKRAS, M.D.; Miami
Urology Institute, Inc. and Dr. John T. McDonald Foundation d b a Doctors Hospital, Appellees
TEXT: PER CURIAM. The plaintiffs, Charles and Milly Kukral, appeal from a final order dismissing
t... JJ., concur. JORGENSON, J., (dissenting). I adhere to the views expressed in my prior
dissent. SCHWARTZ, C.J., and BASKIN and LEVY, JJ., concur.
395-CITE: 578 So.2d 835 Paul ARMUS, Appellant, v. Miles KUTTLER, D.M.D., and Miles Kuttler, P.A.,
Appellees.
TEXT: PER CURIAM. Paul Armus s appeal from a final summary judgment in favor of Miles Kuttler,
D.M...ial court correctly ruled that defendants were entitled to judgment as a matter of law.
Bogorff. Accordingly, we affirm the final summary judgment.
396-CITE: 567 So.2d 486 Armanda M. SITTIG, M.D., Appellant, v. TALLAHASSEE MEMORIAL REGIONAL MEDICAL
CENTER, INC., Appellee.
TEXT: PER CURIAM. Appellant, plaintiff below, appeals the dismissal of her complaint for failure
t... (8). (FN2) The genuineness of a claim of inability to meet the bond requirement is of course a
factual matter for determination by the trial court.
397-CITE: 614 So.2d 604 Leonard E. GREENBERG and Arnold C. Greenberg, Appellants, v. MAHONEY ADAMS &
CRISER, P.A., et al., Appellees.
TEXT: SMITH, Judge. Appellants appeal the trial court s order dismissing their professional
malpra...eron Investment, N.V., 512 So.2d 192 (Fla.1987), which I read, as did the trial court, to
state a very limited exception to the privity requirement.
398-CITE: 515 So.2d 337 Henry KEEL, d b a Medical Business Consultants, Appellant, v. QUALITY MEDICAL
SYSTEMS, INC., a Florida corporation, Appellee.
TEXT: PER CURIAM. We reverse the order under review which temporarily enjoined the defendant,
Henr...n, 237 So.2d 291 (Fla. 1st DCA 1970); Renpak, Inc. v. Oppenheimer, 104 So.2d 642 (Fla. 2d DCA
1958). Reversed and remanded for further proceedings.
399-CITE: 576 So.2d 794 FLORIDA PHYSICIANS INSURANCE COMPANY, Appellant, v. G. WILLIAM LAZENBY, M.D.,
P.A., Appellee.
TEXT: SCHEB, Acting Chief Judge. The trial court awarded a money judgment to G. William Lazenby,
M...azenby, M.D., P.A. and remand with directions to enter judgment in favor of Florida Physicians
Insurance Company. DANAHY and CAMPBELL, JJ., concur.
400-CITE: 539 So.2d 493 Earla W. MALUNNEY, as Administratrix of the Estate of John T. Malunney,
deceased, Appellant, v. Leslie PEARLSTEIN, M.D., Appellee.
TEXT: PARKER, Judge. Earla Malunney, the administratrix of her husband s estate, appeals from the
...iorari. Twenty-two days after the mandate from this court was issued in Pearlstein I, a new
complaint which is the subject of this appeal was filed.
401-CITE: 510 So.2d 636 J.S. NEVIASER, M.D., Appellant, v. Nadyne STONE and Donald Stone, Appellees.
TEXT: PER CURIAM. The underlying cause of action in this lawsuit accrued in April, 1983. At that
t...to the court to conduct a hearing in accordance with Florida Patient s Compensation Fund v.
Rowe, 472 So.2d 1145 (Fla.1985). Reversed and remanded.
402-CITE: 526 So.2d 989 Patricia S. ELLIOT as Personal Representative of the Estate of Francis T.
Elliot, Jr., deceased, for the benefit of Patricia S. Elliot and the Estate of Francis T. Elliot,
Jr., Appellant, v. Mark V. BARROW, M.D., Robert Thoburn, M.D., et al., Appellees.
TEXT: THOMPSON, Judge. Patricia Elliot, the widow of Francis T. Elliot, Jr. and the plaintiff
belo... We reverse and remand and direct that the complaint against the hospital be reinstated.
REVERSED and REMANDED. NIMMONS and BARFIELD, JJ., concur.
403-CITE: 707 So.2d 872 David E.M. DRUCKER, M.D., Gary A. Birken, M.D. and South Florida Pediatric
Surgeons, P.A., Appellants, v. Beverly A. RILEY, as natural parent and guardian of Tirini S. Riley,
a minor, and Beverly A. Riley, individually, and Earnest E. Richardson, individually and as father
of Tirini Riley, a minor, Appellees.
TEXT: DELL, Judge. This appeal arises out of the settlement of a medical malpractice suit filed
by...rgess, 423 So.2d 1037, 1038 (Fla. 4th DCA 1982). REVERSED and REMANDED WITH DIRECTIONS.
GROSS, J., and OWEN, WILLIAM C., Jr, Senior Judge, concur.
404-CITE: 516 So.2d 283 DAVID J. BURTON, D.M.D., P.A., David J. Burton, Individually, Petitioner, v.
Bernadette BECKER and James Becker, her husband, Respondents. TRUSTEES OF MEASE HOSPITAL, INC., d b
a Mease Health Care, Petitioner, v. Bernadette BECKER and James Becker, her husband, Respondents.
TEXT: RYDER, Judge. These are consolidated petitions for writs of certiorari to review an order
of... trial court for further proceedings consistent with this opinion. Petitions for writs of
certiorari granted. DANAHY, C.J., and FRANK, J., concur.
405-CITE: 618 So.2d 187 HILLSBOROUGH COMMUNITY MENTAL HEALTH CENTER, etc., Petitioner, v. Marjorie J.
HARR, etc., et al., Respondents. Sayyed HUSSAIN, M.D., Petitioner, v. Marjorie J. HARR, etc., et
al., Respondents.
TEXT: GRIMES, Justice. We review Harr v. Hillsborough Community Medical Health Center, 591 So.2d
1...pprove the decision of the district court of appeal. It is so ordered. BARKETT, C.J., and
OVERTON, McDONALD, SHAW, KOGAN and HARDING, JJ., concur.
406-CITE: 602 So.2d 596 Terry ARTHUR, as Personal Representative of the Estates of John Arthur,
deceased, and Rebecca Arthur, deceased, Appellant, v. UNICARE HEALTH FACILITIES, INC., d b a
Greenbrook Nursing Center, and Malcolm R. FRASER, M.D., Appellees.
TEXT: PATTERSON, Judge. Terry Arthur, personal representative of the estates of John Arthur and
Re...not presented before the trial court. (FN6) To me, however, victim includes someone or entity
who has legal standing to act on behalf of the victim.
407-CITE: 616 So.2d 601 Patsy L. KAHLER, Appellant, v. C. Harry KENT, M.D., and Lawnwood Medical Center,
Inc., a Florida corporation d b a Lawnwood Regional Medical Center, Appellees.
TEXT: ON MOTION FOR REHEARING FARMER, Judge. We withdraw our previous opinion and substitute the
... exist. We reverse so that plaintiff can offer evidence of her claim to a jury. REVERSED.
STONE, J., and WALDEN, JAMES, H., Senior Judge, concur.
408-CITE: 586 So.2d 74 Blanche GOODLET, individually, and as Personal Representative of the Estate of
Terri Lynn Christy (Flateau), Appellant, v. Dr. Eric STECKLER, Appellee.
TEXT: ALTENBERND, Judge. Blanche Goodlet, the mother of Terri Lynn Christy and personal
representa... law which is to provide meaningful criteria for predictable consequences. Muller v.
Stromberg Carlson Corp., 427 So.2d 266, 270 (Fla. 2d DCA 1983).
409-CITE: 554 So.2d 1185 Gordon T. COUCH, M.D., Appellant, v. Jack DREW and Faith Drew, Appellees.
TEXT: JOANOS, Judge. Gordon T. Couch, M.D., has appealed from an order denying his motions for
att...f Dr. Couch s motion for statutory costs is therefore reversed, and the case remanded for
reconsideration thereof. BOOTH and BARFIELD, JJ., concur.
410-CITE: 544 So.2d 1022 Maria Isabel PEREZ-BORROTO, Petitioner, v. Cesar BREA, M.D., Respondent.
TEXT: OVERTON, Judge. We have for review Brea v. Perez-Borroto, 529 So.2d 824 (Fla. 3d DCA 1988),
...s to reinstate the final judgment of the trial court. It is so ordered. EHRLICH, C.J., and
McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
411-CITE: 487 So.2d 1091 Lee WHACK, etc., et al., Appellants, v. SEMINOLE MEMORIAL HOSPITAL, INC., etc.,
et al., Appellees.
TEXT: DAUKSCH, Judge. This is an appeal from a summary judgment in a medical malpractice suit.
Ap...CA 1984). The plaintiffs having demonstrated no judicial abuse, the order and judgment are
affirmed. AFFIRMED. ORRFINGER and COWART, JJ., concur.
412-CITE: 530 So.2d 495 R.F. THOMPSON, Appellant, v. P.W. MARTIN, Appellee.
TEXT: SCHOONOVER, Acting Chief Judge. The appellant, R. F. Thompson, challenges an order
dismissin...cond amended complaint and remand the cause for further proceedings consistent herewith.
REVERSED and REMANDED. FRANK and THREADGILL, JJ., concur.
413-CITE: 707 So.2d 892 Thomas J. PUSATERI, M.D., and Florida Eye Center, Sever & Ramsuer, P.A.,
Petitioners, v. Anna FERNANDEZ, as parent and natural guardian of Karina Fernandez, a minor, and
Anna Fernandez, individually, Respondents.
TEXT: DANAHY, Acting Chief Judge. Petitioners seek certiorari review of an order compelling them
t... 582 (Fla. 2d DCA 1997). Accordingly, we grant the petition for certiorari and quash the order
under review. CAMPBELL and THREADGILL, JJ., concur.
414-CITE: 597 So.2d 363 Nolan P. CHIPMAN, Appellant, v. Neil CHONIN, et al., Appellees.
TEXT: PER CURIAM. Nolan Chipman appeals from a final summary judgment entered in favor of the
defe...fore trial was scheduled; (2) Chipman engaged new counsel; and (3) Chipman fired his new
counsel approximately four weeks before the start of trial.
415-CITE: 652 So.2d 1148 FLORIDA MEDICAL MALPRACTICE JOINT UNDERWRITING ASSOCIATION and St. Paul Fire &
Marine Insurance Company, Appellant, v. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Appellee.
TEXT: FARMER, Judge. We review a judgment upon a jury verdict in which an excess insurance
carrier... IINA as to the scope of the immunity granted by this statutory provision. AFFIRMED.
GUNTHER, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
416-CITE: 577 So.2d 642 Delmar W. PENDLEY, as Personal Representative of the Estate of Audrey Lee
Pendley, deceased, Appellant, v. SHANDS TEACHING HOSPITAL AND CLINICS, INC., Appellee, and David M.
Anderson, Cross-Appellee.
TEXT: BOOTH, Judge. This cause is before us on appeal from a final judgment awarding attorney
fees... cause is remanded with instructions to award what the court has determined to be a
reasonable fee. MINER, J., and WENTWORTH, Senior Judge, concur.
417-CITE: 599 So.2d 274 Claire Marie FIELDING, Appellant, v. Walter A. CERRATO, M.D., et al., Appellees.
TEXT: PER CURIAM. AFFIRMED. DAUKSCH and COWART, JJ., concur. GRIFFIN, J., concurs and concurs
sp... testify in a medical malpractice case, or any case for that matter, is irrelevant . See, e.g.,
Langston v. King, 410 So.2d 179 (Fla. 4th DCA 1982).
418-CITE: 614 So.2d 1209 Shannon CEBRIAN, a minor, By and Through her parents and next friends, Lisa
CEBRIAN, and John Cebrian and Lisa Cebrian, individually, Petitioners, v. Robert KLEIN, M.D.,
Antonio Vazquez, M.D., Antonio Vazquez, M.D., P.A., and Charles Franzblau, M.D., Respondents.
TEXT: HERSEY, Judge. By petition for writ of certiorari plaintiffs in a medical malpractice
action...red moot by the fact that those records have already been disseminated to counsel.
CERTIORARI GRANTED; ORDER QUASHED. LETTS and DELL, JJ., concur.
419-CITE: 638 So.2d 159 Jose A. LUCAS and Elizabeth M. Lucas, Appellants, v. Sara VIZCAY, M.D.,
Appellee.
TEXT: PER CURIAM. Jose A. Lucas and his wife, Elizabeth M. Lucas appeal the amended final
judgment...his matter remanded to proceed to trial. We agree. Reversed and remanded for further
proceedings. RYDER, A.C.J., and BLUE and QUINCE, JJ., concur.
420-CITE: 487 So.2d 1096 Lynn PHLIEGER, etc., Appellant, v. NISSAN MOTOR CO., LTD., et al., Appellees.
TEXT: DAUKSCH, Judge. This is an appeal from a final summary judgment in a wrongful death action.
...t is reversed and this cause remanded for further proceedings. REVERSED and REMANDED. SHARP,
J., concurs. UPCHURCH, J., dissents without opinion.
421-CITE: 468 So.2d 463 A. George VENTRO, Appellant, v. John A. DARLSON, et al., Appellees.
TEXT: ANSTEAD, Chief Judge. This is an appeal in a legal malpractice case in which the
malpractice...ned on Darlson s window during all the critical times in question. I would reverse
the summary judgment in toto and remand for further proceedings.
422-CITE: 547 So.2d 948 ALberto OTEIZA, Appellant, v. Harold M. BRAXTON and Harold M. Braxton, P.A.,
Appellees.
TEXT: NESBITT, Judge. This is an appeal from a final summary judgment entered for the defendant
at...it was error to enter summary judgment for Braxton. Finding no merit in the other issue
raised, we reverse and remand the cause to the trial court.
423-CITE: 441 So.2d 1173 Hooshang KADIVAR, M.D., Appellant, v. DEPARTMENT OF PROFESSIONAL REGULATION,
BOARD OF MEDICAL EXAMINERS, Appellee.
TEXT: PER CURIAM. Appellant is a medical doctor whose license has been revoked because of sexual
e...er than thirteen points on appeal, none of which justifies reversal. Accordingly, we affirm.
ANSTEAD, C.J., and GLICKSTEIN and WALDEN, JJ., concur.
424-CITE: 502 So.2d 503 CONSOWELD DISTRIBUTORS and Sentry Insurance, Appellants, v. Willie SLAUGHTER,
Appellee.
TEXT: PER CURIAM. While there was error in the order of the deputy commissioner regarding medical
...ning impairment. Trindade v. Abbey Road Beef `N Booze, 443 So.2d 1007, 1012 (Fla. 1st DCA 1983).
AFFIRMED. ERVIN, SHIVERS and ZEHMER, JJ., concur.
425-CITE: 447 So.2d 349 Gregory R. BURR, Appellant, v. FLORIDA PATIENT S COMPENSATION FUND, and Bayfront
Medical Center, Inc., Appellees.
TEXT: CAMPBELL, Judge. Appellant, Gregory R. Burr, seeks reversal of the trial court s order
dismi...gful death action, an action created by statute, is governed by the more specific
limitations provision of section 95.11(4)(d), and not 95.11(3)(f).
426-CITE: 610 So.2d 675 JOINT MEDICAL PRODUCTS CORPORATION, Appellant, v. NME HOSPITALS, INC., d b a
Seven Rivers Community Hospital, Appellee.
TEXT: SCHOONOVER, Judge. The appellant, Joint Medical Products Corporation (Medical Products),
cha...e representation remains. Carrousel Concessions. Reversed and remanded for proceedings
consistent herewith. DANAHY, A.C.J., and FRANK, J., concur.
427-CITE: 626 So.2d 300 Spiro VOUTSINAS and Margaret Voutsinas, his wife, Appellants, v. Corey R.
STUTIN, individually, and Steinberg & Stutin, P.A., now known as Charles R. Steinberg, P.A.,
Appellees.
TEXT: COBB, Judge. This is an appeal from a summary judgment in favor of the appellees defendants
... When appellees did not file the complaint, and the statute of limitations ran, they breached the
contract. It was error to enter summary judgment.
428-CITE: 478 So.2d 1058 Joyce M. TADDIKEN, et ux., Petitioners, v. FLORIDA PATIENT S COMPENSATION FUND,
Respondent. Carlyle S. FABAL, et ux., Petitioners, v. FLORIDA KEYS MEMORIAL HOSPITAL et al.,
Respondents.
TEXT: PER CURIAM. These consolidated cases are before us pursuant to certified questions
regarding...ns period. It is so ordered. BOYD, C.J., and OVERTON, McDONALD and SHAW, JJ., concur.
EHRLICH, J., concurs in result only. ADKINS, J., dissents.
429-CITE: 518 So.2d 290 Hugh M. BAKER and Lucille S. Baker, his wife, Appellants, v. Lourdes M. MATHEW,
M.D., et al., Appellees.
TEXT: UPCHURCH, Chief Judge. Hugh and Lucille Baker appeal a summary final Judgment in favor of
ap...4-3.1, Rules Regulating The Florida Bar, effective January 1, 1987 (The Florida Bar re: Rules
Regulating The Florida Bar, 494 So.2d 977 (Fla.1986)).
430-CITE: 714 So.2d 534 Angelo MAZZOUCCOLO, Executor and Personal Representative of the Estate of
Lucille Mazzouccolo, deceased, Appellant, v. GARDNER, McLAIN & PERLMAN, M.D., P.A., George McLain,
M.D., Mark Perlman, M.D., and Martin Memorial Medical Center, Inc., a k a Martin Memorial Hospital,
Appellees.
TEXT: GROSS, Judge. Appellants, Lucille Mazzouccolo (FN1) and her husband, sued appellees for
medi...nd costs. See Mathias v. Uniroyal, Inc., 660 So.2d 742 (Fla. 3d DCA 1995). AFFIRMED. STONE,
C.J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
431-CITE: 539 So.2d 1131 Sophie GERSHUNY, Petitioner, v. MARTIN McFALL MESSENGER ANESTHESIA PROFESSIONAL
ASSOCIATION, Respondent.
TEXT: KOGAN, Justice. We have for review Martil McFall Messenger Anesthesia Professional
Associati...nying the Association s motion for attorney s fees. It is so ordered. EHRLICH, C.J.,
and OVERTON, McDONALD, SHAW, BARKETT and GRIMES, JJ., concur.
432-CITE: 487 So.2d 76 Charles GRUBER and Evelyn Gruber, his wife, Appellants, v. MOUNT SINAI HOSPITAL
OF GREATER MIAMI, INC., a Florida corporation, Jack J. Greenberg, M.D. & Associates, P.A.; William
Zachary Yahr, M.D.; Manuel Savina, M.D.; and David Edelman, M.D., Appellees.
TEXT: PER CURIAM. The final summary judgment entered in favor of the defendant David Edelman,
M.D....6); Holl v. Talcott, 191 So.2d 40 (Fla.1966); Williams v. Florida Realty & Management Co.,
272 So.2d 176 (Fla. 3d DCA 1973). Reversed and remanded.
433-CITE: 704 So.2d 1127 Michelle BROMPTON, a minor, By and Through her parents and natural guardians,
Wendi BROMPTON and Roger Brompton; and Wendi Brompton and Roger Brompton, individually, Petitioners,
v. Celina POY-WING, M.D., Respondent.
TEXT: STEVENSON, Judge. In this medical malpractice case, we have for review an order of the
trial...r evidence to support the exclusion of third parties other than the court reporter from the
medical examination. GLICKSTEIN and GROSS, JJ., concur.
434-CITE: 614 So.2d 546 Patrick M. DUFFY, M.D., and Physicians Protective Trust Fund, Appellants, v.
Betty BROOKER, as Personal Representative of the Estate of Ronald Brooker, Deceased, Appellee.
TEXT: ON MOTION FOR REVIEW OF ORDER DENYING APPELLATE ATTORNEY FEES BARFIELD, Judge. When
appelle...ority which supports her entitlement to such fees, her motion for review of the denial of
that motion is also DENIED. BOOTH and MINER, JJ., CONCUR.
435-CITE: 627 So.2d 481 James Curtis BOYD, Petitioner, v. Ferdinand F. BECKER, M.D., Respondent.
TEXT: OVERTON, Justice. James Curtis Boyd petitions for review of Boyd v. Becker, 603 So.2d 1371
(...for further proceedings consistent with this opinion. It is so ordered. BARKETT, C.J., and
McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
436-CITE: 638 So.2d 79 William CARSON, Appellant, v. Robin GIBSON, Appellee.
TEXT: ALTENBERND, Judge. William Carson appeals a final summary judgment entered in favor of the
d...of the affirmative defenses in the first action created an estoppel by judgment in this case.
Affirmed. DANAHY, A.C.J., and PATTERSON, J., concur.
437-CITE: 679 So.2d 1209 Joanne Claire ROYLE nee Walker, Appellant, v. FLORIDA HOSPITAL-EAST ORLANDO,
and Jeffrey R. Morris, D.O., etc., Appellees.
TEXT: ANTOON, Judge. Joanne Claire Royle nee Walker (Ms. Walker) appeals the trial court s order
d...try to the courthouse. Accordingly, we affirm the trial court s final order of dismissal with
prejudice. AFFIRMED. COBB and DAUKSCH, JJ., concur.
438-CITE: 599 So.2d 201 Thomas W. MATEY, Appellant, v. James L. REINMAN, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant, Thomas W. Matey, appeals the summary judgment
enter...rom attempting to allege an independent cause of action against appellee for his alleged
malpractice. Affirmed. LEHAN and THREADGILL, JJ., concur.
439-CITE: 456 So.2d 561 Lee WHACK, etc., et al., Appellant, v. SEMINOLE MEMORIAL HOSPITAL, INC., etc.,
et al., Appellees.
TEXT: STROKER, R.J., Associate Judge. This is an appeal from a final order dismissing appellant s
...lso reversed and remanded for further proceedings in accord with this order. AFFIRMED in part,
REVERSED in part. ORFINGER and COWART, JJ., concur.
440-CITE: 705 So.2d 46 SURE SNAP CORPORATION and Elaine Shure, Appellants, v. Scott L. BAENA and Stroock
& Stroock & Lavan, Appellees.
TEXT: PER CURIAM. An attorney sued his former client for attorney s fees and the former client
fil... firm to be the prevailing parties in the counter-claim and third party claim for malpractice.
Affirmed in part, and reversed and remanded in part.
441-CITE: 679 So.2d 1286 Alice MANGONI, Giancarlo Mangoni, her husband; Gianina Marie Mangoni, a minor,
and Christopher Charles Mangoni, a minor, By and Through Their Next Best Friend and Father,
Giancarlo Mangoni, Appellants, v. Robert TEMKIN, D.O., Larry I. Gilderman, D.O., and University
Medical Center, Appellees.
TEXT: STEVENSON, Judge. This is an appeal from a final order of summary judgment in favor of the
d...s that the moving party state with particularity the grounds upon which the motion is based).
REVERSED and REMANDED. STONE and GROSS, JJ., concur.
442-CITE: 722 So.2d 834 Gallagher BASSETT and Valencia Community College, Appellants, v. Harry R. LABER,
Appellee.
TEXT: PER CURIAM. We reverse the final order awarding medical and indemnity benefits to the
claima... on the merits without commenting, on any of the other issues presented on appeal.
Reversed and remanded. BOOTH, BENTON and PADOVANO, JJ., concur.
443-CITE: 671 So.2d 805 Isaac MIZRAHI and Ralph Mizrahi, Appellants, v. VALDES-FAULI, COBB & PETREY,
P.A., and Roderick N. Petrey, Appellees.
TEXT: PER CURIAM. Plaintiffs, Isaac Mizrahi and Ralph Mizrahi, appeal a summary final judgment
hol...fore, the four-year statute of limitations, rather than the two-year professional malpractice
limit, applies to this action. Reversed and remanded.
444-CITE: 566 So.2d 580 Michael J. SOLIMANDO, Sr., as personal representative of the Estate of Marion
Solimando, deceased, Petitioner, v. ALOHA MEDICAL CENTER and William J. Young, M.D., Respondents.
TEXT: PER CURIAM. Michael Solimando petitions this court for a writ of certiorari to review an
ord...ONOVER, C.J., and SCHEB and THREADGILL, JJ., concur. ------------ (FN2) This section has since
been renumbered as Section 766.107, Fla.Stat. (1988).
445-CITE: 550 So.2d 558 James TRACEY, Appellant, v. John P. BARRETT, M.D., Appellee.
TEXT: THREADGILL, Judge. Appellant, plaintiff below, challenges the dismissal with prejudice of
hi...he appellant s complaint with prejudice. We reverse and remand with directions to reinstate
the complaint. CAMPBELL, C.J., and PARKER, J., concur.
446-CITE: 695 So.2d 906 SHANDS TEACHING HOSPITAL AND CLINICS, INC., Petitioner, v. Kimberly L. PETERSON,
Respondent.
TEXT: PER CURIAM. Shands Teaching Hospital and Clinics, Inc. (petitioner) seeks a writ of
certiora...equirements of law, the petition for certiorari is denied. Steele v. Davis, 667 So.2d 264
(Fla. 1st DCA 1995). BOOTH, JOANOS and WOLF, JJ., concur.
447-CITE: 645 So.2d 530 MOUNT SINAI MEDICAL CENTER OF GREATER MIAMI, INC., Petitioner, v. Lester
BERNSTEIN, et al., Respondents.
TEXT: NESBITT, Judge. Lester Bernstein alleges that while he was under the care of Mount Sinai
Med...m, as the dates, authors, and participants in medical review committees. Accordingly, we
grant certiorari review and quash the order under review.
448-CITE: 520 So.2d 627 Norma H. POOLE, as personal representative of the Estate of Stanley Poole,
Appellant Cross-Appellee, v. TALLAHASSEE MEMORIAL HOSPITAL, MEDICAL CENTER, INC., a Florida
non-profit corporation, Appellee Cross-Appellant.
TEXT: ERVIN, Judge. Appellant, Norma H. Poole, as personal representative of the Estate of
Stanley...ons that appellant be awarded reasonable attorney s fees and costs only as to the count on
which she prevailed. SMITH, C.J., and BOOTH, J., concur.
449-CITE: 566 So.2d 571 Earl DRESSLER and Doris Dressler, his wife, Appellants, v. BOCA RATON COMMUNITY
HOSPITAL, et al., Appellees.
TEXT: DELL, Judge. Earl and Doris Dressler appeal from an order of dismissal and final judgment
in...ed by our legislature. Accordingly, we affirm the trial court s order dismissing appellants
complaint. AFFIRMED. DOWNEY and GUNTHER, JJ., concur.
450-CITE: 602 So.2d 673 Steven N. CHESS, D.C., David S. CHESS, D.C., and the Chess Chiropractic Clinic,
a Florida Corporation, Appellants, v. Mary M. WRIGHT and Ronald Wright, her husband, Appellees.
TEXT: PER CURIAM. This is an appeal from a final judgment for the plaintiffs, Mary M. Wright and
R...ndered moot by our decision. Accordingly, we reverse and remand for a new trial in accord with
the above. ANSTEAD, HERSEY and FARMER, JJ., concur.
451-CITE: 475 So.2d 718 RAY-MAR BEAUTY COLLEGE, INC., Marilyn E. Johnson and Raymer J. Johnson,
Appellants, v. ELLIS RUBIN LAW OFFICES, P.A., and Ellis S. Rubin, Appellees.
TEXT: PER CURIAM. The final judgment under review entered upon an adverse jury verdict in a legal
...n. We find no merit, however, in the defendant s motion for rehearing and said motion is
therefore denied. Clarification granted; rehearing denied.
452-CITE: 668 So.2d 996 Harry L. SHUFFLEBARGER, M.D. and Harry L. Shufflebarger, P.A., Appellants, v.
Valerie E. GALLOWAY as Personal Representative of the Estate of Rayal Bodden, deceased, Appellees.
TEXT: PER CURIAM. We find that in accordance with this court s recent decision in Ashraf v.
Smith,...tr., Inc., 659 So.2d 249 (Fla.1995). The decision of the panel opinion is adopted. No
further motions for rehearing will be entertained. AFFIRMED.
453-CITE: 675 So.2d 957 Pamela FOSHEE, Appellant, v. HEALTH MANAGEMENT ASSOCIATES, etc., et al.,
Appellees.
TEXT: DAUKSCH, Judge. This is an appeal from an order dismissing a complaint alleging false
impris...ra s actions caused the tortious behavior alleged against the others. AFFIRMED in part;
REVERSED in part; REMANDED. COBB and GOSHORN, JJ., concur.
454-CITE: 661 So.2d 1296 Daniel SIERRA, a minor, by his parents Lucia Alvarez SIERRA and Hernando
Sierra, and Lucia Alvarez Sierra and Hernando Sierra, individually, Appellants, v. PUBLIC HEALTH
TRUST OF DADE COUNTY d b a Jackson Memorial Hospital, Jane E. Rudolph, M.D., Gene Burkett, M.D. and
Sharon Salamat, M.D., Appellees.
TEXT: PER CURIAM. Appellants Daniel Sierra, through his parents Lucia and Hernando Sierra (
Sierra... 970 (Fla. 5th DCA 1995) (the opinion on rehearing withdrew the original panel opinion and
substituted a new opinion requiring pre-delivery notice).
455-CITE: 598 So.2d 105 Byron NORSWORTHY, etc., Appellants, v. HOLMES REGIONAL MEDICAL CENTER, INC., et
al., Appellees.
TEXT: GRIFFIN, Judge. This is the appeal of a summary final judgment premised on the expiration
of...information the Norsworthys were given, that the statute of limitations does not bar this
claim. REVERSED. GOSHORN, C.J. and PETERSON, J., concur.
456-CITE: 721 So.2d 419 Ilene GORADESKY and Harold Goradesky, husband and wife, Appellants, v. Dr. Peter
HICKOX and Cleveland Clinic Florida Hospital, Appellees.
TEXT: POLEN, Judge. Ilene and Harold Goradesky ( the Goradeskys ) timely appeal from an order
dism...93 she became aware that she had been injured and that there was a reasonable possibility
that medical negligence by Hickox had caused her injuries.
457-CITE: 434 So.2d 1011 Gregory L. WILHELM and Terri Wilhelm, his wife, and Doctors Mercy Hospital,
Ltd., d b a Brookwood Community Hospital, Appellants, v. A.R. TRAYNOR, Jr., D.O., Orlando General
Hospital, Inc., etc., and James J. Hynick, D.O., Appellees.
TEXT: FRANK D. UPCHURCH, Jr., Judge. Appellant, Gregory L. Wilhelm, sued appellees for damages
cau...ncerous tumor. The record shows that Appellant did not learn about his tumor until much later,
and his suit on this ground would not be time-barred.
458-CITE: 685 So.2d 11 PARAMOUNT ENGINEERING GROUP, INC., Appellant, v. OAKLAND LAKES, LTD., a Florida
Limited Partnership, Gray Construction Company, Inc., a k a PBI Gray Construction Company,
Womack-Humphreys Architects, Inc., and Stuart R. Michelson, Appellees.
TEXT: POLEN, Judge. Paramount Engineering Group, Inc. (Paramount) hired Stuart Michelson to
repres...to a jury trial at law. Accordingly, we remand for a jury trial on the issue of Michelson s
alleged malpractice. GLICKSTEIN and GROSS, JJ., concur.
459-CITE: 532 So.2d 1133 Walter F. GASSNER, et al., Appellants, v. CADUCEUS SELF INSURANCE FUND, INC.,
Appellee.
TEXT: PER CURIAM. Appellants, one hundred forty-one individual physicians, filed a six-count
compl...303 So.2d 1 (Fla.1974); Palm Beach County Newspapers v. Walker, 506 So.2d 39 (Fla. 4th DCA
1987). DISMISSED. ANSTEAD, DELL and STONE, JJ., concur.
460-CITE: 752 So.2d 717 Clay HAMM, Appellant Cross-Appellee, v. ROYAL CARIBBEAN CRUISES, LTD., Appellee
Cross-Appellant.
TEXT: PER CURIAM. Clay Hamm (Hamm), appeals and Royal Caribbean Cruises, Ltd. (RCCL),
cross-appeal... judgment it would abandon its cross-appeal. Accordingly, in light of this Court s
decision on the main appeal, the cross-appeal is moot. Affirmed.
461-CITE: 506 So.2d 423 Jeanne ENGLANDER and Paul Englander, her husband, Appellants, v. ST. FRANCIS
HOSPITAL, INC., Appellee.
TEXT: ON REHEARING EN BANC DANIEL S. PEARSON, Judge. When the Englanders voluntarily dismissed
th...er states which have justified post-voluntary-dismissal fee awards on equitable grounds. See
cases collected in McKelvey (Ferguson, J., dissenting).
462-CITE: 501 So.2d 727 METRIC CONSTRUCTORS and Aetna Life & Casualty Co., Appellants, v. David
COPELAND, Appellee.
TEXT: PER CURIAM. The appealed order is modified to direct payment by the employer and carrier of
... reasonableness of the other medical bills submitted by claimant for approved medical treatment.
AFFIRMED. ERVIN, SHIVERS and ZEHMER, JJ., concur.
463-CITE: 633 So.2d 9 John R. PATRY, Petitioner, v. William L. CAPPS, M.D., et al., Respondents.
TEXT: KOGAN, Justice. We have for review Patry v. Capps, 618 So.2d 261 (Fla. 2d DCA 1993), in
whic...return receipt requested. (FN6) Because of our holding in connection with the mode of service
issue, we need not address the Patrys waiver argument.
464-CITE: 511 So.2d 608 Frank CHAMBERS and Brunetta Chambers, his wife, Appellants, v. LIBERTY MUTUAL
INSURANCE COMPANY, Appellee.
TEXT: SCHWARTZ, Chief Judge. The order below assessing a workers compensation lien filed under
sec...es under that statute and remanded the cause for the trial court to fix the amount. Henning v.
Henning, 507 So.2d 164 (Fla. 3d DCA 1987). Reversed.
465-CITE: 662 So.2d 367 Nancy GOLDMAN, Appellant, v. HALIFAX MEDICAL CENTER, INC., Appellee.
TEXT: PETERSON, Chief Judge. Nancy Goldman appeals the dismissal of her complaint against Halifax
...rly dismissed Goldman s complaint for failure to comply with the presuit notice provisions of
chapter 766. AFFIRMED. COBB and HARRIS, JJ., concur.
466-CITE: 685 So.2d 882 Robert FEIFER and Helen Feifer, His Wife, Appellants, v. GALEN OF FLORIDA, INC.,
d b a St. Petersburg General Hospital, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellants, Robert and Helen Feifer, challenge the dismissal
o...re and proof required to show ordinary negligence as opposed to medical negligence. Reversed
and remanded. SCHOONOVER and ALTENBERND, JJ., concur.
467-CITE: 545 So.2d 486 Mary Alice HENDERSON and Jerome M. Henderson, Appellants, v. A.W. NORTH, M.D.,
and Port St. Joe Municipal Hospital, Inc., Appellees.
TEXT: THOMPSON, Judge. Appellants, husband and wife, appeal a final summary judgment in favor of
t...on Counts I and IV is REVERSED and this cause is REMANDED for further proceedings consistent
with this opinion. SMITH, C.J., and MINER, J., concur.
468-CITE: 645 So.2d 84 Susan SOLMAN-STAROPOLI, Appellant, v. Maria CALIFANO and Arthur Carl Haspel,
D.P.M., Appellees.
TEXT: STEVENSON, Judge. Appellant, a defendant in a medical malpractice suit, seeks review of two
...he order denying the motion for improper venue and dismiss the appeal of the order denying the
motion for rehearing. STONE and WARNER, JJ., concur.
469-CITE: 613 So.2d 544 Ramon RIOS and Riversant Corp., N.V., Appellants, v. McDERMOTT, WILL & EMERY and
Charles Intriago, Appellees.
TEXT: LEVY, Judge. Appellants, who were the plaintiffs below, were property owners who now appeal
...der the circumstances. I would reverse the dismissal, with prejudice, of the plaintiffs fifth
amended complaint and require the defendant to answer.
470-CITE: 513 So.2d 723 Ilse MAY, Appellant, v. BROWARD CORRECTIONAL INSTITUTION and Crawford & Company,
Appellees.
TEXT: BARFIELD, Judge. The issue in this appeal of a workers compensation order denying a claim
fo...ational Airways v. Cahvasquis, 416 So.2d 902 (Fla. 1st DCA 1982). REVERSED and remanded for
further proceedings. BOOTH and WIGGINTON, JJ., concur.
471-CITE: 593 So.2d 249 Phyllis Kaye TANNER, individually, and James R. Tanner, individually and as
Personal Representative of the Estate of Baby Boy Tanner, deceased, Appellants, v. Ellie M. HARTOG,
M.D., Alberto Duboy, M.D., Hartog and Duboy, P.A., and Lakeland Regional Medical Center, Appellees.
TEXT: SCHEB, Acting Chief Judge. The appellants, the parents of a stillborn child, filed a
medical...v. R.C.B., 252 So.2d 837 (Fla. 2d DCA 1971). I would reverse and allow the appellees to
raise the statute of limitations as an affirmative defense.
472-CITE: 672 So.2d 897 BANKERS TRUST REALTY, INC., Appellant, v. Alan KLUGER, Howard Dubosar and
Kluger, Peretz, Kaplan & Berlin, P.A., Appellees.
TEXT: PER CURIAM. The defendant, Bankers Trust Realty, Inc., appeals from an adverse final order
d...ficity as well as a causative relationship to client s alleged loss and is insufficient to state
cause of action for legal malpractice). We affirm.
473-CITE: 519 So.2d 1125 Dorothy Fay ABSTON, et al., Appellants, v. Floyd T. BRYAN, M.D., et al.,
Appellees.
TEXT: COBB, Judge. The plaintiffs below, Dorothy and Ernest Abston, sued Dr. Bryan and Holmes
Regi...ection 9, Laws of Florida, deleting the requirement that the notice be filed within the
two-year period. and substituting the word served for filed.
474-CITE: 651 So.2d 783 PALM BEACH GARDENS COMMUNITY HOSPITAL, INC., d b a AMI Palm Beach Gardens
Medical Center, Petitioner, v. Julie O BRIEN and Brian O BRIEN, as Personal Representatives of the
Estate of Keegan Patrick O Brien, deceased, Respondents.
TEXT: KLEIN, Judge. Petitioner hospital seeks certiorari review of an order directing petitioner
t...exception to the rule where the legislature did not make one. We therefore grant certiorari and
quash the order. HERSEY and PARIENTE, JJ., concur.
475-CITE: 648 So.2d 758 Nanjunda SWAMY, M.D., and Nanjunda Swamy, M.D., P.A., Appellants, v. CADUCEUS
SELF INSURANCE FUND, INC. Appellee.
TEXT: PER CURIAM. Dr. Swamy (the insured) appeals from a final summary judgment denying recovery
o...re not recoverable in Florida, and the trial court properly entered summary judgment for
Caduceus. AFFIRMED. MINER, MICKLE and DAVIS, JJ., concur.
476-CITE: 490 So.2d 1020 Barbara Jean GANT and Leon Gant, Jr., her husband, Appellants, v. TALLAHASSEE
MEMORIAL REGIONAL MEDICAL CENTER, A.D. Brickler, M.D. and Florida Patient s Compensation Fund,
Appellees.
TEXT: MILLS, Judge. The Gants appeal from dismissal of their medical malpractice action for lack
o...ting the reasoning of the en banc decision of the Second District in Fleming v. Barnett Bank of
East Polk County, 490 So.2d 126 (Fla. 2nd DCA 1986).
477-CITE: 571 So.2d 446 HOSPITAL CORPORATION OF AMERICA, etc., Petitioner, v. Kurt LINDBERG, et ux.,
Respondents. Jaime ALALU, M.D., et al., Petitioners, v. Kurt LINDBERG, et ux., Respondents. Robert
K.T. LIEM, M.D., et al., Petitioners, v. Kurt LINDBERG, et ux., Respondents.
TEXT: OVERTON, Justice. The petitioners in these three consolidated cases seek to have this court
...for further proceedings consistent with this opinion. It is so ordered. SHAW, C.J., and
McDONALD, EHRLICH, BARKETT, GRIMES and KOGAN, JJ., concur.
478-CITE: 597 So.2d 435 FORTUNE INSURANCE COMPANY, Appellant, v. Joseph A. FIGUEROA, Appellee.
TEXT: PER CURIAM. Contrary to the contention of the PIP insurance carrier [Fortune Insurance
Compa...------- (FN1) These providers were not under contract with the employer or the employer s
carrier to provide medical services to the insured herein.
479-CITE: 467 So.2d 398 Matthias J. PROPST, Appellant, v. John A. NEILY, D.O., et al., Appellees.
TEXT: HERSEY, Judge. This is an appeal from an order determining that the defendants in a medical
...scourage plaintiffs from bringing non-meritorious claims. I would reverse the award of attorney s
fees against Mr. Propst under these circumstances.
480-CITE: 755 So.2d 828 FLORIDA FRUIT AND VEGETABLE ASSOCIATION, Appellant, v. Maxwell W. WELLS, Jr., et
al., Appellees.
TEXT: ANTOON, C.J. ON MOTION FOR REHEARING We grant the appellee s motion for rehearing,
withdraw...esulted in and was the proximate cause of loss to the client). REVERSED and REMANDED for
further proceedings. W. SHARP, and PETERSON, JJ., concur.
481-CITE: 689 So.2d 1288 Carl CITRON, M.D., Petitioner, v. Carl SHELL, Sr., Respondent.
TEXT: FARMER, Judge. We deny certiorari seeking to quash an order that refused to dismiss this
med...expert opinion requirement within such reasonable period of time as the court deems just under
the circumstances. GLICKSTEIN and DELL, JJ., concur.
482-CITE: 570 So.2d 1030 Stephen Sukil OH, Appellant, v. Michelle Heeduk OH, Appellee.
TEXT: GRIFFIN, Judge. We find error only in the alimony award covering the wife s medical
expenses...is reversed and remanded to the trial court for reconsideration. AFFIRMED in part;
REVERSED in part; REMANDED. W. SHARP and PETERSON, JJ., concur.
483-CITE: 667 So.2d 401 Kayla BRADFORD, a minor, by and through her parent and natural guardian, Nicole
BRADFORD, and Nicole Bradford, individually, Appellants, v. FLORIDA BIRTH-RELATED NEUROLOGICAL
INJURY COMPENSATION ASSOCIATION, Appellee.
TEXT: PER CURIAM. Plaintiffs, who are the appellants, filed an administrative claim pursuant to
Fl...dition precedent is not necessary to keep the act from being absurd, nor is it necessary to
carry out the legislature s intent. I therefore dissent.
484-CITE: 652 So.2d 834 W. Lewis YARBOROUGH, M.D., and W. Lewis Yarborough, M.D., P.A., individually,
jointly and severally, Petitioner, v. Joan S. LEWIS, Respondent.
TEXT: PER CURIAM. W. Lewis Yarborough, M.D., seeks certiorari review of a pretrial discovery
order...f. (emphasis supplied.) *836 Petition granted, the writ issued, and the order below
quashed. RYDER, A.C.J., and PARKER and PATTERSON, JJ., concur.
485-CITE: 555 So.2d 876 Janet S. TAYLOR, et al., Appellants, v. ORLANDO CLINIC, Gary Young, et al.,
Appellees.
TEXT: COWART, Judge. Alleging personal injuries resulting from medical malpractice, a patient
file...t of the constitutional due process limitations on convicting a defendant of a crime the
elements of which are not charged in the charging document.
486-CITE: 565 So.2d 1323 PEAT, MARWICK, MITCHELL & CO., Petitioner, v. Frank A. LANE, et ux.,
Respondents.
TEXT: OVERTON, Justice. This cause is before the Court on petition to review Lane v. Peat,
Marwick...icts with this decision. It is so ordered. SHAW, C.J., and McDONALD, EHRLICH, GRIMES and
KOGAN, JJ., concur. BARKETT, J., concurs in result only.
487-CITE: 629 So.2d 211 Ivan BARRIOS, M.D., Appellant, v. Donald DARRACH, Appellee.
TEXT: On Motion for Clarification Granted NESBITT, Judge. A doctor appeals an adverse final
judgm...la.1992); Steiger v. Mass. Cas. Ins. Co., 273 So.2d 4 (Fla. 3d DCA 1973). Accordingly, we
reverse the judgment and award the defendant a new trial.
488-CITE: 508 So.2d 1296 Noel DUENAS, Appellant, v. BOND SALES, INC., and CNA Insurance Companies,
Appellees.
TEXT: BARFIELD, Judge. The deputy s order denying compensation benefits is affirmed in all
respect...edings regarding the claim for medical expenses. The denial of the remaining claims for
compensation is AFFIRMED. MILLS and WENTWORTH, JJ., concur.
489-CITE: 632 So.2d 187 Rebecca LUKOWSKY, Appellant, v. HAUSER & METSCH, P.A., and Lawrence R. Metsch,
individually, Appellees.
TEXT: PER CURIAM. Rebecca Lukowsky appeals from an order dismissing her legal malpractice
complain...hat the documents sought had finally been released by her previous attorney, were in
current counsel s possession and were available for production.
490-CITE: 583 So.2d 736 Ella Nora MARTIN, Appellant, v. John W. PAFFORD, Appellee.
TEXT: SMITH, Judge. Martin, who sued Pafford for legal malpractice arising out of her criminal
con... For the reasons stated, we find that the trial court did not err in granting summary
judgment. AFFIRMED. JOANOS, C.J., and BARFIELD, J., concur.
491-CITE: 488 So.2d 620 BURROUGHS CORPORATION, and Travelers Insurance Company, Appellants, v. Frank
GLOVER, Appellee.
TEXT: NIMMONS, Judge. The employer carrier appeal an order of the deputy commissioner awarding
cla...sed by the employer carrier and find them to be without merit. AFFIRMED in part, REVERSED in
part, and REMANDED. ZEHMER and BARFIELD, JJ., concur.
492-CITE: 664 So.2d 348 Arlene DION and Eugene Dion, Appellants, v. Christopher E. BALD, M.D., and
Christopher E. Bald, M.D., P.A., Appellees.
TEXT: ON MOTION FOR CLARIFICATION THOMPSON, Judge. We have reviewed Arlene Dion s motion for
clar...ch, 526 So.2d 999, 1002 (Fla. 1st DCA 1988). Accordingly, we affirm the trial court s order
of dismissal. AFFIRMED. COBB and GOSHORN, JJ., concur.
493-CITE: 731 So.2d 748 Becky S. TORREY, etc., Appellants Cross-Appellees, v. LEESBURG REGIONAL MEDICAL
CENTER, et al., Appellees Cross-Appellants.
TEXT: HARRIS, J. The underlying issue in this appeal is whether a complaint filed by an attorney
n... Florida Bar examination that is authorized to practice in this state, not every lawyer in the
firm with which he is connected. This case shows why.
494-CITE: 547 So.2d 264 Tulio VARGAS a k a Tulio Armando Vargas and Tulio R. Vargas, Appellants, v.
Anthony REINERT and The City of Hialeah, Appellees.
TEXT: PER CURIAM. This is an appeal by the plaintiffs Tulio Vargas and his father from a final
ord...ant s legal services rendered on behalf of the City of Hialeah. The final order of dismissal
under review is therefore, in all respects, Affirmed.
495-CITE: 582 So.2d 101 John BROWNING, individually; Deborah Browning, individually; and John Browning
and Deborah Browning, as parents and next friends of Shannon Browning, a minor, Appellants, v.
Richard B. LEWIS, M.D., and Richard B. Lewis, M.D., P.A., Appellees.
TEXT: LEHAN, Judge. In this medical malpractice suit for damages from injuries allegedly caused
to...nda, 506 So.2d 1061, 1067 (Fla. 2d DCA 1987). Reversed and remanded for proceedings consistent
herewith. CAMPBELL, A.C.J., and PARKER, J., concur.
496-CITE: 585 So.2d 926 Alex GUP, M.D., et al., Petitioners, v. Katherine COOK, et vir, Respondents.
TEXT: PER CURIAM. We have for review Gup v. Cook, 549 So.2d 1081 (Fla. 1st DCA 1989), in which
the...or proceedings consistent with this opinion. It is so ordered. SHAW, C.J., and OVERTON,
McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.
497-CITE: 545 So.2d 922 FLORIDA PATIENT S COMPENSATION FUND, Appellant, v. Darryl MOXLEY, as Personal
Representative of the Estate of Lauren Renee Moxley, Deceased, and Louise Moxley, and Darryl Moxley,
Individually, Neil J. Karlin, M.D., and Neil J. Karlin, M.D., P.A., Appellees.
TEXT: PER CURIAM. Appellees, Darryl Moxley and Louise Moxley, and Darryl Moxley as personal
repres...all be the higher of the percentage amount or an amount awarded by the court? DOWNEY and
DELL, JJ., and MARTIN, KAREN L., Associate Judge, concur.
498-CITE: 489 So.2d 1160 Susan Carol ALLEN, etc., et al., Appellants, v. Robert T. HOOVER, M.D., et al.,
Appellees.
TEXT: UPCHURCH, Judge. Appellants, Susan Allen individually and as guardian and next friend of
Mic...was born deformed on October 2, 1976, but the complaint was not filed until October 27, 1978,
after the two year statute of limitations had expired.
499-CITE: 655 So.2d 207 Daniel A. MILLAN, M.D., Appellant, v. Lenora WILLIAMS, Appellee.
TEXT: PER CURIAM. This is an appeal by Daniel A. Millan, M.D., a defendant in a pending medical
ma...efendant is discharged therefrom, but the trial court s refusal to strike the defendant s
defenses is affirmed. Affirmed in part; reversed in part.
500-CITE: 503 So.2d 1384 M.S.S., a minor, by his Guardian Ad Litem and next friend, Bruce B. BLACKWELL,
Esq., Petitioners, v. Robert J. DeMAIO, M.D., et al., Respondents.
TEXT: COBB, Judge. Petitioner, a minor plaintiff in a medical malpractice action, seeks
certiorari...rt in accordance with the principles set forth hereinabove. PETITION GRANTED; WRIT
ISSUED; ORDER QUASHED. UPCHURCH, C.J., and DAUKSCH, J., concur.
501-CITE: 737 So.2d 1114 Yolanda RAMSEY, Appellant, v. William S. JONASSEN, Esquire Appellee.
TEXT: CAMPBELL, Acting Chief Judge. In this legal malpractice action Appellant filed against
Appel...nnounce this claim against a creditor precludes it from litigating the cause of action at
this time ). Reversed. THREADGILL and BLUE, JJ., Concur.
502-CITE: 702 So.2d 1289 Don T. KOZICH, Appellant, v. Thomas R. SHAHADY, Individually, and Houston &
Shahady, P.A., a Florida professional association; f k a Houston, Shahady & Hatch, P.A., a Florida
professional association, Appellees.
TEXT: STONE, Chief Judge. We reverse a summary judgment entered in favor of the appellees
attorney...note that we have not addressed in this appeal whether Kozich has, or can, prove the
damages elements of his claim. POLEN and SHAHOOD, JJ., concur.
503-CITE: 588 So.2d 14 PSYCHIATRIC INSTITUTE OF DELRAY, INC., d b a Fair Oaks Hospital at Boca Delray
and Florida Gold-Pottash Medical Group, P.A., a k a Florida Medical Group, P.A., Petitioners, v.
PALM BEACH NEWSPAPERS, INC., d b a the Palm Beach Post, George Pallay, individually; Mark Pallay, a
minor, By and Through his Next Friend and Natural Guardian George Pallay; and the Reverend Emmanuel
Bouyoucas, Guardian Ad Litem, on Behalf of Yvette Pallay and Michelle Pallay, minors, Respondents.
TEXT: PER CURIAM. Psychiatric Institute of Delray, Inc., d b a Fair Oake Hospital at Boca Delray
(...earing on the Post s motion to vacate, to be scheduled with adequate notice to petitioners.
GLICKSTEIN, C.J., and GUNTHER and GARRETT, JJ., concur.
504-CITE: 588 So.2d 629 Anargyros G. COMNENOS and Caroline Johnson Comnenos, his wife, Appellants, v.
FAMILY PRACTICE MEDICAL GROUP, INC., a corporation, Appellee.
TEXT: SHIVERS, Judge. This appeal is from a final summary judgment in favor of Family Practice
Med...768.495(1), Florida Statutes (1985), is properly fulfilled by excusing an attorney filing in
proper person from submitting good faith certification.
505-CITE: 473 So.2d 775 Maria APIAU, M.D., Appellant, v. The FLORIDA BOARD OF MEDICAL EXAMINERS,
DEPARTMENT OF PROFESSIONAL REGULATION, DIVISION OF PROFESSIONS, Appellee.
TEXT: PER CURIAM. In a 169-count complaint, appellant, a licensed Florida physician, was charged
w... Affirmed. ------------ (FN1) Each prescription was for forty-five tablets of 300 mg.
methaqualone. Some were written before the patients were seen.
506-CITE: 590 So.2d 1088 OLYMPIC ASSOCIATES and State Farm Fire & Casualty Co., Appellants, v. Kelly
KIMMEL and the Florida Department of Labor and Employment Security, Division of Workers
Compensation, Appellees.
TEXT: PER CURIAM. This is an appeal of an order of the judge of compensation claims finding that
t... Because the claimant failed to present any medical evidence of causation, the order appealed is
reversed. ZEHMER, BARFIELD and ALLEN, JJ., concur.
507-CITE: 549 So.2d 199 Ralph MAERCKS, M.D. and Ralph Maercks, M.D., P.A. Appellants, v. Sherri
BIRCHANSKY, Appellee.
TEXT: PER CURIAM. Ralph Maercks appeals from a jury verdict awarding plaintiff Birchansky
$750,000...at if any such violations occurred they were surpassed by defense counsel s violations is
not a defense. Borden, Inc. v. Young, 479 So.2d at 851-52.
508-CITE: 624 So.2d 864 Kenneth L. MORRIS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Kenneth Morris appeals the summary denial of his motion for postconviction
relie...d in all other respects. Affirmed in part, reversed in part, and remanded with
instructions. RYDER, A.C.J., and DANAHY and PATTERSON, JJ., concur.
509-CITE: 489 So.2d 194 VICKI S STYLING, INC. and State Farm Fire & Casualty Insurance Company,
Appellants, v. Vicki S. MOBERG, Appellee.
TEXT: BARFIELD, Judge. The deputy commissioner awarded claimant medical benefits and temporary
par...partial disability benefits is AFFIRMED, but the award of medical benefits for Dr. Gelety s
treatment is REVERSED. NIMMONS and ZEHMER, JJ., concur.
510-CITE: 601 So.2d 612 Michael Gregory KATOS, Appellant, v. Robert B. CUSHING, D.D.S. and Robert B.
Cushing, D.D.S., P.A., Appellees.
TEXT: PER CURIAM. The test for harmful error is whether, but for such error, a different result
ma...ury verdict is supported by competent evidence, there are no grounds for reversal. Thompson v.
Jacobs, 314 So.2d 797 (Fla. 1st DCA 1975). Affirmed.
511-CITE: 452 So.2d 1086 William A. HUMBER and Dorothy Humber, his wife, Appellants, v. Thomas ROSS,
M.D., etc., et al., Appellees.
TEXT: DAUKSCH, JAMES C., Jr., Associate Judge. This matter is before us for review of an order
dis...order is reversed and this cause remanded for further proceedings. REVERSED AND REMANDED.
DOWNEY, J., and PURDY, H. MARK, Associate Judge, concur.
512-CITE: 594 So.2d 850 MICHAEL J. SOLIMANDO, Sr., as personal representative of the Estate of Marion
Solimando, deceased, Petitioner, v. ALOHA MEDICAL CENTER and William J. Young, M.D., Respondents.
TEXT: PER CURIAM. Petitioner, the personal representative of the estate of Mrs. Solimando, seeks
c..., we grant the petition for writ of certiorari and quash the order granting attorneys fees.
SCHOONOVER, C.J., and RYDER and PATTERSON, JJ., concur.
513-CITE: 746 So.2d 1105 Daniel O SHEA, and Pamela O Shea, his wife, Appellants, v. Dr. Reginald
PHILLIPS, M.D., and Cleveland Clinic Florida, a Florida corporation, Appellees.
TEXT: GROSS, J. The issue in this case is whether Chapter 766, Florida Statutes (1997), presuit
re... areas unheard of in 1992. See, e.g., Lowry v. Parole & Probation Comm n, 473 So.2d 1248, 1250
(Fla.1985). GUNTHER, FARMER, and GROSS, JJ., concur.
514-CITE: 658 So.2d 652 Betty Arlene WARD, Appellant, v. Whitley Noel WARD, Appellee.
TEXT: FULMER, Judge. In this appeal from the final judgment of dissolution of marriage, the wife
r...ram for which she may receive rehabilitative alimony. In all other respects, the judgment is
affirmed. CAMPBELL, A.C.J., and PATTERSON, J., concur.
515-CITE: 659 So.2d 1316 Samuel HERNANDEZ and Elizette Hernandez, Appellants, v. AMISUB (AMERICAN
HOSPITAL), INC., a Florida Corporation d b a A.M.I. Kendall Regional Medical Center and Agustin
Latorre, M.D., Appellees.
TEXT: LEVY, Judge. A medical malpractice plaintiff appeals a final order dismissing his complaint
...to decide as a matter of law when the statute begins to run and may often require a fact-finder
to make the determination. Tanner, 618 So.2d at 182.
516-CITE: 566 So.2d 279 Magda MENENDEZ and Americo Menendez, as the natural parents of Adaris Menendez,
a minor, Appellants, v. PUBLIC HEALTH TRUST OF DADE COUNTY, Florida, d b a Jackson Memorial
Hospital, University of Miami, and Mary O Sullivan, M.D., Appellees.
TEXT: BASKIN, Judge. The Menendezes appeal an adverse summary judgment entered in a medical
malpra...s opinion. ------------ (FN3) A defect at birth does not necessarily put the parents on
notice of injury or of possible negligence. Moore; Almengor.
517-CITE: 530 So.2d 379 ROY T. BRINSON LATHING AND DRYWALL and Hill, Richards & Companies, Inc.,
Appellants, v. Harold Dean THOMAS, Appellee.
TEXT: BARFIELD, Judge. We affirm the deputy s order requiring reimbursement of outstanding
medical...tinuing treatment filed within two years of that date would be timely. The deputy s order
is therefore AFFIRMED. WENTWORTH and ZEHMER, JJ., concur.
518-CITE: 565 So.2d 1319 James BARRON, M.D., et al., Petitioners, v. Josephine SHAPIRO, etc., et al.,
Respondents.
TEXT: GRIMES, Justice. We review Shapiro v. Barron, 538 So.2d 1319 (Fla. 4th DCA 1989), because
of...n no event to exceed 7 years from the date the incident giving rise to the injury occurred.
Section 95.11(4)(b), Fla.Stat. (1979) (emphasis added).
519-CITE: 599 So.2d 283 Anthony BUTLER, Appellant, v. TEICHNER & MELLA, P.A., Ronald Teichner, M.D.,
Enrique Mella, M.D., and Baptist Hospital of Miami, Inc., Appellees.
TEXT: PER CURIAM. Anthony Butler, plaintiff below, appeals a post-trial order entering judgment
in...ler v. Novak, 596 So.2d 749 (Fla. 3d DCA 1992) (en banc). The cause is remanded for further
proceedings consistent herewith. Reversed and remanded.
520-CITE: 742 So.2d 297 Anthony K. STEPHENS, Appellant, v. BAY MEDICAL CENTER, Gulf Pines Hospital,
Inc., and David W. Webb, M.D, Appellees.
TEXT: PER CURIAM. This is an appeal from an order dismissing for failure to prosecute one of two
c...ry and trial and consolidation for all purposes. REVERSED and REMANDED for further consistent
proceedings. JOANOS, WOLF and LAWRENCE, JJ., concur.
521-CITE: 457 So.2d 1131 Joseph MASSARO, Appellant, v. COLUMBIAN APARTMENTS and Aetna Casualty & Surety,
Appellees.
TEXT: PER CURIAM. We affirm the order appealed from below except that portion denying claimant
pay...neider s orthopedic examination and evaluation of claimant. Otherwise, the order appealed from
is AFFIRMED. BOOTH, SMITH and THOMPSON, JJ., concur.
522-CITE: 658 So.2d 625 Rita WINSON, Appellant, v. Harold G. NORMAN, M.D. and Coral Gables Plastic
Surgery Associates-Harold G. Norman, Jr., M.D., P.A., Appellees.
TEXT: SCHWARTZ, Chief Judge. In this breast implant action brought against, among others, the
appe...hat the action as against the physician was properly dismissed. Cf. Suarez v. St. Joseph s
Hosp., Inc., 634 So.2d 217 (Fla. 2d DCA 1994). Affirmed.
523-CITE: 553 So.2d 741 Shayan KERAMATI, etc., et al., Appellants, v. Gerald SCHACKOW, et al.,
Appellees.
TEXT: SHARP, Judge. Shayan Keramati (a minor), and his parents, Pamela and Bijan, appeal from a
fi...ytona Development Corp. v. McFarland, 505 So.2d 464 (Fla. 2d DCA 1987); Dillard Smith
Construction Co. v. Greene, 337 So.2d 841 (Fla. 1st DCA 1976).
524-CITE: 490 So.2d 1343 Scott C. MICKLER, Appellant, v. Ruth AARON, Allstate Insurance Company; Alan S.
Fishman; Bob Hurth; Dennis A. Vandenberg; Theodore Deckert; Law Offices of Brennan, McAliley,
Hayskar, McAliley and Jefferson, P.A.; Theodore Hainline; Hainline, Billing, Cochran and Heath,
P.A.; Myrna Bricker; and Britton, Cohen, Cassel, Kaufman and Schantz, P.A., Appellees.
TEXT: PER CURIAM. Appellant, the successful plaintiff in a personal injury action against
appellee...t property which can be reached by a creditor s suit pursuant to section 56.29, Florida
Statutes). AFFIRMED. ANSTEAD, LETTS and DELL, JJ., concur.
525-CITE: 438 So.2d 400 George THEODOROU, M.D., and Radiology Associates, P.A., Appellants, v. Jeffrey
BURLING, Appellee.
TEXT: PER CURIAM. This is an appeal from an order disallowing attorneys fees, based upon an
interp...a. 4th DCA 1977). I would reverse and remand with instructions to allow appellants their
attorney fees per Section 768.56, Florida Statutes (1980).
526-CITE: 654 So.2d 561 Joel A. USSERY, Petitioner, v. STATE of Florida, Respondent.
TEXT: PER CURIAM. We deny a petition for certiorari seeking relief from an order allowing the
stat...DCA 1994). We agree with Hunter, conclude that its requirements were met here, and therefore
deny certiorari. WARNER, POLEN and KLEIN, JJ., concur.
527-CITE: 702 So.2d 630 Henryka SWIDZINSKA and Maciej Swidzinska, her husband, Appellants, v. Maria T.
CEJAS, M.D., et al., Appellees.
TEXT: DAUKSCH, Judge. This is an appeal from an order dismissing a case for failure to comply
with...ed the complaint filed almost two and a half years earlier involving alleged malpractice
which had occurred over five years earlier. I would affirm.
528-CITE: 677 So.2d 15 Marie WOOD, Appellant, v. John FRASER, M.D., Appellee.
TEXT: LAZZARA, Judge. The appellant, Marie Wood, challenges the entry of final summary judgment
in...ther districts must also adhere to Moore, unless their district court of appeal has ruled to
the contrary. Pardo v. State, 596 So.2d 665 (Fla.1992).
529-CITE: 557 So.2d 591 Charles C. JAMES, M.D., and James Medical Center, P.A., a Florida Professional
Association, Appellants, v. Karen THEOBALD, Appellee.
TEXT: GERSTEN, Judge. This is an appeal from the denial of a motion for a new trial on liability
a...ss appellants other contentions. Accordingly, we reverse and remand with instructions that the
case be reassigned to another judge for a new trial.
530-CITE: 620 So.2d 212 Ralph SPIVEY, Appellant, v. Edward L. TRADER, Appellee.
TEXT: PER CURIAM. The appellant, Ralph Spivey, is appealing a final summary judgment holding that
... POLEN, JJ., concur. ------------ (FN1) There is evidence in the record that Spivey s business
had several hundred thousand dollars of other assets.
531-CITE: 675 So.2d 590 ST. PAUL FIRE & MARINE INSURANCE COMPANY, Petitioner, v. INDEMNITY INSURANCE
COMPANY OF NORTH AMERICA, Respondent.
TEXT: SHAW, Justice. We have before us Indemnity Insurance Company of North America s (IINA)
motio...efore, the motion to strike and to dismiss is denied. It is so ordered. KOGAN, C.J., and
OVERTON, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.
532-CITE: 593 So.2d 505 UNION CENTRAL LIFE INSURANCE COMPANY, Petitioner, v. Danielle CARLISLE, etc., et
al., Respondents.
TEXT: BARKETT, Justice. We have for review Union Central Life Insurance Co. v. Carlisle, 566
So.2d...nt to the court on whether the plaintiff should be required to present those bills as part
of its claim to the extent authorized by the trial judge.
533-CITE: 533 So.2d 881 Warren A. IVEY, Appellant, v. CITY OF SARASOTA and Hewitt, Coleman & Associates,
Appellees.
TEXT: PER CURIAM. This cause is before us on review of a workers compensation order denying a
medi...he ruling below is reversed with directions to order an evaluation to determine need for
palliative care. BOOTH, SHIVERS and THOMPSON, JJ., concur.
534-CITE: 465 So.2d 631 VALUE CONSTRUCTION, INC., and, Nationwide Insurance Company, Appellants, v.
Arthur W. SAUER, Appellee.
TEXT: MILLS, Judge. Value Construction, Inc. and Nationwide Insurance Company (E C) appeal from a
...t the examination is to be for purposes of determining what palliative treatment is necessary, if
any. AFFIRMED. JOANOS and BARFIELD, JJ., concur.
535-CITE: 704 So.2d 594 Jean STEWART and Kathryn Reynolds, Co-Personal Representatives of the Estate of
Mabel Pittman, Deceased, Appellants, v. I.B. PRICE, M.D., Appellee.
TEXT: VAN NORTWICK, Judge. Jean Stewart and Kathryn Reynolds, the daughters and co-personal
repres...he high cost of medical malpractice claims in the state can be substantially alleviated .
. . by imposing reasonable limitations on damages. . . .
536-CITE: 710 So.2d 148 Jose J. OTERO and Francisca Otero, his wife, Appellants, v. GASTROENTEROLOGY
GROUP OF SOUTH FLORIDA, P.A., Appellee.
TEXT: PER CURIAM. This is an appeal from a final order of dismissal for appellants failure to
pros...urt s dismissal of this case was an abuse of discretion. See Metropolitan Transit Auth. v.
Kaneva, 351 So.2d 748, 748 (Fla. 3d DCA 1977). Affirmed.
537-CITE: 622 So.2d 1360 VMR, INC., d b a Today s Woman Medical Center, Appellant, v. Dolores GONZALEZ,
Appellee.
TEXT: PER CURIAM. Affirmed. See Whitten v. Progressive Casualty Ins. Co., 410 So.2d 501
(Fla.1982)...firmed. See Whitten v. Progressive Casualty Ins. Co., 410 So.2d 501 (Fla.1982);
Solimando v. Aloha Medical Center, 594 So.2d 850 (Fla. 2d DCA 1992).
538-CITE: 696 So.2d 1369 PUBLIX SUPERMARKETS, INC., Petitioner, v. Zarkia T. FRAZIER, Respondent.
TEXT: WARNER, Judge. After suffering an accident while operating a forklift owned by the
petitione...e whether respondent is entitled in equity to the relief he seeks, or whether respondent
is merely, as the majority states, on a fishing expedition.
539-CITE: 585 So.2d 947 John Mark BROWN, individually; Stacy Maria Valdivia Brown, individually; and
John Mark Brown and Stacy Maria Valdivia Brown, as Parents of the Next Friends to Matthew Stephen
Brown, a Minor, and Linsey Marie Brown, a Minor, Appellants, v. CRANE, PHILLIPS, THOMAS & METTS,
P.A., d b a Tampa Obstetrics and Gynecology, a Florida corporation; Richard E. Crane, M.D.; and N.
Byron Metts, M.D., Appellees.
TEXT: PARKER, Judge. John Brown and Stacy Brown, the plaintiffs, appeal a final judgment entered
f..., we cannot say this error was harmless. Reversed and remanded for proceedings consistent with
this opinion. RYDER, A.C.J., and LEHAN, J., concur.
540-CITE: 614 So.2d 6 Regina A. KOBEL and James E. Kobel, Appellants, v. Marc I. SCHLOSSER, M.D., Marc
I. Schlosser, M.D., P.A., Richard E. Kowalsky, M.D., and Richard E. Kowalsky, M.D., P.A., Appellees.
TEXT: HERSEY, Judge. In this appeal from a Final Judgment based upon an order granting summary
jud...ndant Kowalsky, P.A., and we therefore reverse and remand for further appropriate proceedings.
REVERSED AND REMANDED. LETTS and DELL, JJ., concur.
541-CITE: 559 So.2d 1207 Henry A. RICCIO and Jean Riccio, Appellants, v. Allan STEIN and Alexander M.
Rosenfeld, individually and as copartners, d b a Heitner & Rosenfeld, Appellees.
TEXT: JORGENSON, Judge. The Riccios appeal from a final judgment on the pleadings in favor of
Alla...ios have a first mortgage. (FN6) We find no merit to appellees statute-of-limitations
defense. *1210 Reversed and remanded for further proceedings.
542-CITE: 592 So.2d 1176 William KING and Julia King, his wife, Appellants Cross-Appellees, v. Leslie
PEARLSTEIN, M.D., and Edward White Memorial Hospital, Appellees Cross-Appellants.
TEXT: PATTERSON, Judge. This case presents the question of whether the filing of a petition to
ext...January 1, 1989. Reversed in part, affirmed in part, with directions to reinstate the
appellants complaint. DANAHY, A.C.J., and FRANK, J., concur.
543-CITE: 573 So.2d 100 Helen MUSGROVE, Appellant, v. CHILDREN S HOME SOCIETY and Reliance Insurance
Company, Appellees.
TEXT: BARFIELD, Judge. Claimant appeals a workers compensation order denying her Motion for
Modifi...rd the parties the opportunity to enter into a corrected settlement agreement. REVERSED
and REMANDED with directions. SMITH and WOLF, JJ., concur.
544-CITE: 470 So.2d 820 FLORIDA REFRIGERATED SERVICE and RTC Transportation, Inc., Appellants, v. Susie
B. MEEKS, Appellee.
TEXT: WENTWORTH, Judge. We find no error in the compensation award appealed except for alleged
amb...hearing or after entry of the order. Failure to do so should foreclose appellate argument on
the point. Affirmed. NIMMONS and ZEHMER, JJ., concur.
545-CITE: 560 So.2d 1276 Opal G. HURLBERT, Appellant, v. John N. SHACKLETON, Jr., M.D. and Elayne M.
Shackleton, a k a Elayne Moss Shackleton, Appellees.
TEXT: SHIVERS, Chief Judge. This is an appeal from an order on supplementary proceedings denying
r... assets from future unforeseen adversity wrought by a medical mistake. That is not legal fraud.
I would have affirmed the judgment without comment.
546-CITE: 531 So.2d 398 Barbara L. MOISAN, Appellant, v. FRANK K. KRIZ, JR., M.D., P.A., and Dr. Frank
K. Kriz, Jr., M.D., individually, Appellees.
TEXT: SCHEB, Acting Chief Judge. Barbara L. Moisan, plaintiff below, challenges the entry of a
dir...ate the directed verdict and remand to the trial court for further proceedings in accordance
with this opinion. DANAHY and THREADGILL, JJ., concur.
547-CITE: 490 So.2d 132 George BOUCHOC, St. Francis Hospital, Appellants Cross-Appellees, and The
Florida Patient s Compensation Fund, Appellant, v. Edna PETERSON, as Personal Representative of the
Estate of Frederick Peterson, deceased, for the use and benefit of Edna Peterson, as surviving
spouse and the Estate of Frederick Peterson, Appellee Cross-Appellant.
TEXT: FERGUSON, Judge. This appeal is brought from a final judgment for attorney s fees based on
s...the attorney s fee provision may have been bottomed on the Fund s potential liability, no one
challenged the Fund s standing or addressed the issue.
548-CITE: 736 So.2d 124 Cecilia VELASQUEZ, Appellant, v. Carlos A. RUEDA, Appellee.
TEXT: PER CURIAM. The issue in this case involves the mother s responsibility for medical and
psyc...penses challenged by the mother required major decisions as defined in the parties
agreement. REVERSED. HARRIS, THOMPSON and ANTOON, JJ., concur.
549-CITE: 592 So.2d 1178 AMERICAN BOOM AND BARRIER, INC. and Travelers Insurance Company, Appellants, v.
Gary STEWART, Appellee.
TEXT: PER CURIAM. The employer carrier appeal an order of the Judge of Compensation Claims which
f...ds Division v. Davis, 546 So.2d 93 (Fla. 1st DCA 1989). This appeal is dismissed for lack of
jurisdiction. BOOTH, BARFIELD, and MINER, JJ., concur.
550-CITE: 710 So.2d 74 Barbara GARCIA, individually, and as Personal Representative of the Estate of
Alfredo Garcia, Deceased, and Ana Garcia, Appellants, v. RANDLE-EASTERN AMBULANCE SERVICE, INC., ET
AL., Appellees.
TEXT: SHEVIN, Judge. Barbara Garcia, decedent s widow, individually, and as Personal
Representativ...we reverse the judgment and remand the cause for entry of a judgment in favor of
Garcia in accordance with the jury verdict. Reversed and remanded.
551-CITE: 604 So.2d 534 Julio LEGANOA, Appellant, v. Alina Halley LEGANOA, Appellee.
TEXT: PER CURIAM. Affirmed. See Blackmon v. Blackmon, 307 So.2d 887 (Fla. 3d DCA 1974). COPE,
Jud... judge s analysis of goodwill in the present case was supported by the record and is
consistent with Thompson v. Thompson, 576 So.2d 267 (Fla.1991).
552-CITE: 503 So.2d 923 Burton DANOFF, Appellant, v. Linda A. DANOFF, et al., Appellees.
TEXT: PER CURIAM. We find that the trial court erred in holding that appellant was responsible
for... regarding visitation and find no error in the trial court s failure to award appellant
attorney s fees. LETTS, GLICKSTEIN and WALDEN, JJ., concur.
553-CITE: 462 So.2d 129 Elvera ISABELLA and Albert Isabella, Appellant, v. FLORIDA PATIENT S
COMPENSATION FUND, Appellee.
TEXT: DELL, Judge. Appellants seek reversal of a final summary judgment entered in favor of the
Fl... (Fla.1980); and Fabal v. Florida Keys Memorial Hospital, 452 So.2d 946 (Fla. 3d DCA 1984).
REVERSED and REMANDED. HERSEY and WALDEN, JJ., concur.
554-CITE: 699 So.2d 840 Cheryl BENNETT, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The order under review revoking defendant s probation and sentencing defendant
t... we refer defendant to Florida Administrative Code Rule 33-3.0002(15)which provides All inmates
shall be furnished proper medical care and medicine.
555-CITE: 641 So.2d 453 James A. STAMAN, M.D., Petitioner, v. Deborah LIPMAN and Aaron Lipman,
Respondents.
TEXT: JOANOS, Judge. Petitioner, James A. Staman, M.D., the defendant in a medical malpractice
act...able as wholly irrevelant and unlikely to lead to the discovery of admissible evidence.
------------ (FN2) See Section 395.017(3), Fla.Stat. (1991).
556-CITE: 526 So.2d 1022 HALIFAX HOSPITAL MEDICAL CENTER, a special taxing district, Appellant, v.
Rosemarie RYALS and Richard Ryals, Appellees.
TEXT: COBB, Judge. Halifax Hospital Medical Center (Halifax) appeals an order of the trial court
d...nce of his wife. See Shands, 497 So.2d at 646; Phillips v. Sanchez, 35 Fla. 187, 17 So. 363
(1895). REVERSED. SHARP, C.J., and DANIEL, J., concur.
557-CITE: 653 So.2d 1142 MIDSOUTH MEDICAL DISTRIBUTORS, INC., an Alabama Corporation, Appellant, v.
JOHNSON & JOHNSON ORTHOPEDIC PRODUCTS, INC., a New Jersey corporation, Durr Medical Corporation, an
Alabama corporation, and General Medical Corporation, a Virginia corporation doing business in the
State of Florida as Whittaker General Medical Corporation, Appellees.
TEXT: PER CURIAM. The claim below necessarily depends upon the resolution of a substantial
questio...ressing the merits of appellant s second amended complaint is stricken. AFFIRMED in part;
REVERSED in part. WOLF, WEBSTER and MICKLE, JJ., concur.
558-CITE: 682 So.2d 1104 Gregory Spencer LOWE, a minor, by and through Gregory S. LOWE and Patricia S.
Lowe, as parents and natural guardians, and Gregory S. Lowe and Patricia S. Lowe, individually and
jointly, Petitioners, v. Joseph R. PUGH, M.D., individually, and Joseph R. Pugh, M.D., P.A., and
Radiology and Nuclear Medicine, Inc., a Florida corporation, Respondents.
TEXT: PER CURIAM. The plaintiffs, Gregory Spencer Lowe and his parents, seek certiorari review of
...ponse on the attorneys who apparently represent the original defendants. None of the original
defendants has filed an appearance in this proceeding.
559-CITE: 714 So.2d 671 Farah KENT, Appellant, v. Bernard J. BUCHOLC, Appellee.
TEXT: PER CURIAM. Appellee plaintiff suffered a low back injury as a result of an automobile
accid...award of future economic damages). We find the other issues raised by appellant are without
merit. Affirmed. WARNER, KLEIN and TAYLOR, JJ., concur.
560-CITE: 650 So.2d 79 Kay PORTER, Appellant, v. Robert Kent ROSENBERG, M.D., F.A.C.S.; McGhan Medical
Corp.; Inamed Corp.; 3-M Corp.; Cox Uphoff, International; Surgical Specialties, Inc.; Surgitek, a k
a Surgitech; Bristol-Meyers Squibb Co.; Surgitek Medical Engineering Corp.; Heyer-Schulte; Natural Y
Surgical Specialties, Inc.; Cooper Medical Devices, Inc.; Alcon Laboratories, Inc.; Mentor Corp.;
Baxter Health Care Corp.; Dow Corning Corp.; Dow Corning Wright; Dow Chemical Co.; Corning, Inc.;
Dowelanco; and Surgicenter of the Palm Beaches, Appellees.
TEXT: PARIENTE, Judge. Appellant, Kay Porter (plaintiff), a recipient of an allegedly defective
br...th care professional may rely on selling the product as part of its business as additional
profit separate from provision of other medical services.
561-CITE: 731 So.2d 1268 E.C., individually and as parent and natural guardian of the minor J.K.C.,
Petitioner, v. Lorne KATZ, M.D., et al., Respondents.
TEXT: PER CURIAM. We have for review E.C. v. Katz, 711 So.2d 1155 (Fla. 4th DCA 1998), which
expre...l economies which might be achieved by eliminating mutuality would be sufficient to affect
our concerns over fairness for the litigants. Id. at 920.
562-CITE: 619 So.2d 330 R. Keith WILLIAMS, Appellant, v. Glen R. GOLDSMITH; Michael Palahach, P.A., a
Florida professional association; and Charles R. Stack, P.A., a Florida professional association, d
b a High, Stack, Lazenby, Palahach, Maxwell and Morgan, Appellees.
TEXT: PER CURIAM. Appellant, R. Keith Williams, appeals from an order denying his motion for
chang... As a direct consequence of the loss of clients, the firm lost fees. However, the initial
injury occurred when the appellant lured the clients away.
563-CITE: 461 So.2d 1022 Robert LAZARUS, M.D., License No. 11744, Appellant, v. DEPARTMENT OF
PROFESSIONAL REGULATION, BOARD OF MEDICAL EXAMINERS, Appellee.
TEXT: PER CURIAM. This is an appeal from a final administrative order of the Florida Board of
Medi...g, with particularity, the reasons for increasing the penalty recommended by the hearing
examiner. Affirmed in part; reversed and remanded in part.
564-CITE: 478 So.2d 77 SHANDS TEACHING HOSPITAL AND CLINICS, INC. and the Board of Regents, Appellants,
v. Norissa M. LEE, a minor By and Through her mother and next friend, Jeanne M. LEE, and Jeanne M.
Lee, individually, Appellees.
TEXT: ERVIN, Judge. Shands Teaching Hospital And Clinics, Inc. (Shands) and the Board of Regents
a...nts, finding the twenty-five percent limitation in section 768.28(8) applicable as to it.
Affirmed as modified. WENTWORTH and ZEHMER, JJ., concur.
565-CITE: 630 So.2d 606 Frederick GREEN, as Personal Representative of the Estate of Mary Sykes, etc.,
et al., Appellants, v. Richard I. GOLDBERG, M.D., Appellee.
TEXT: PARIENTE, Judge. This medical malpractice action involves delay in diagnosing breast
cancer,...sent, and a biopsy performed at that time revealed a malignancy. The alleged negligence
involved the inaction of the defendant at the initial visit.
566-CITE: 718 So.2d 205 Jean STEWART and Kathryn Reynolds, Co-Personal Representatives of the Estate of
Mabel-Pittman, Deceased, Appellants, v. I.B. PRICE, M.D., Appellee.
TEXT: CORRECTED OPINION VAN NORTWICK, Judge. Jean Stewart and Kathryn Reynolds, the daughters
and... to the cause of death of Pittman; (vii) in allegedly exhibiting bias towards appellants; and
(viii) in striking one juror but not striking another.
567-CITE: 590 So.2d 495 Christine VELLANTI, Appellant, v. Ralph MAERCKS, M.D., and Ralph Maercks, M.D.,
P.A., Appellees.
TEXT: PER CURIAM. Appellant, Christine Vellanti (Vellanti), appeals a final summary judgment in
fa...e action was brought within the two year statute of limitations. See Section 95.11(4)(b),
Fla.Stat. *496 (1985). Accordingly, we reverse and remand.
568-CITE: 466 So.2d 1269 DEPARTMENT OF HEALTH AND REHABILITATION, DIVISION OF RISK MANAGEMENT,
Appellants, v. Lazara LUCAS, widow and personal representative of Gregorio Lucas, Appellee.
TEXT: JOANOS, Judge. This is an appeal from a workers compensation order in which the deputy
commi...n to present value. Affirmed in part, reversed in part and remanded for proceedings
consistent with this opinion. MILLS and BARFIELD, JJ., concur.
569-CITE: 662 So.2d 1381 Michael E. ROGERS, Appellant, v. R.H. BOULIGNY and Continental Loss, Appellees.
TEXT: PER CURIAM. The judge of compensation claims (JCC) dismissed appellant s claim for
temporary...ding that claimant presented no medical evidence in support of his claim. REVERSED and
REMANDED. ZEHMER, C.J., and BARFIELD and KAHN, JJ., concur.
570-CITE: 647 So.2d 968 Richard E. COBLE, as Trustee, Appellant, v. Mark I. ARONSON, Brian Belt, et al.,
Appellees
TEXT: STEVENSON, Judge. In this appeal we must decide whether the plaintiff in a legal
malpractice...ummary judgment for the defendants on the record which was before it. REVERSED AND
REMANDED FOR FURTHER PROCEEDINGS. STONE and POLEN, JJ., concur.
571-CITE: 633 So.2d 464 James MASON and Marian Mason, etc., Appellants, v. Dr. Charles D. BISOGNO, D.O.,
et al., Appellees.
TEXT: THOMPSON, Judge. James and Marian Mason appeal a final judgment entered in favor of Dr.
Char... limitations. AFFIRMED. GRIFFIN, J, and RAINWATER, T.B., Associate Judge, concur.
------------ (FN5) Section 766.106(3)(a), (c), Fla.Stat. (1991).
572-CITE: 499 So.2d 66 Alberto VELAZQUEZ and Carmen Velazquez, his wife, Appellants, v. Alavar GAITAN,
M.D., Appellee.
TEXT: PER CURIAM. This is an appeal by the plaintiffs [Alberto and Carmen Velazquez] from a final
...225 (Fla. 3d DCA 1973). The final order of dismissal under review is reversed and the cause is
remanded to the trial court for further proceedings.
573-CITE: 710 So.2d 750 Denise CROWLEY, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant was charged with battery with a deadly weapon, pled to reduced
charges...ion to the testimony in Sims. Reversed and remanded for further proceedings. KLEIN and
GROSS, JJ., and BROWNELL, SCOTT M., Associate Judge, concur.
574-CITE: 742 So.2d 322 PREFERRED MEDICAL PLAN, INC., a Florida corporation, Appellant, v. Angel R.
RAMOS and Celina R. Appellees.
TEXT: SHEVIN, Judge. Preferred Medical Plan, Inc. [ PMP ], defendant below, appeals an order
strik... generally, Kozel v. Ostendorf, 629 So.2d 817, 818 (Fla.1993) ( a fine, public reprimand, or
contempt order may often be the appropriate sanction ).
575-CITE: 673 So.2d 545 Thomas HEBEBRAND and his wife, Olive Hebebrand, Petitioners, v. Victor ARRIEN,
M.D., Victor Arrien, P.A., Daniel Rothman, M.D., Daniel Rothman, M.D., P.A. and Careflorida, Inc.,
et al., Judy Kerstetter, L.P.N., Nidia L. Chediak, M.D., Medical Association Systems, Inc., Coastal
Physicians Group, Inc., Linda R. Holly, P.T. and Physical Therapy Rehabilitation Center of Coral
Springs, Inc., Respondents.
TEXT: KLEIN, Judge. Petitioners, who are seeking a writ of certiorari, are the plaintiffs in a
law...We therefore lack jurisdiction, Martin-Johnson, Inc. v. Savage, 509 So.2d 1097 (Fla.1987), and
dismiss the petition. STONE and FARMER, JJ., concur.
576-CITE: 559 So.2d 1235 POE & ASSOCIATES, INC., Appellant, v. ESTATE OF Ronald VOGLER, deceased, Ronald
W. Vogler, P.A., and Leopoldo Hernandez, Appellees.
TEXT: BASKIN, Judge. Poe & Associates, Inc., [Poe] appeals a final summary judgment declaring it
l...tel, Inc., 518 So.2d 943 (Fla. 3d DCA 1987), review denied, 528 So.2d 1181 (Fla.1988); Abrams v.
Paul, 453 So.2d 826 (Fla. 1st DCA 1983). Affirmed.
577-CITE: 572 So.2d 12 James D. GRIMSHAW, D.O., and James D. Grimshaw, D.O., P.A., Petitioners, v.
Maureen K. SCHWEGEL, as Personal Representative of the Estate of Lawrence E. Schwegel, Deceased,
Respondent.
TEXT: PER CURIAM. The petitioners seek a writ of certiorari to quash an order that compels them
to...he order compelling *14 production and for further proceedings consistent with this opinion.
DANAHY, A.C.J., and FRANK and ALTENBERND, JJ., concur.
578-CITE: 739 So.2d 154 Ernest FAULKNER, Appellant, v. ASPLUNDH TREE EXPERT CO. and Crawford & Co.,
Appellees.
TEXT: ALLEN, J. The claimant appeals a worker s compensation order for the appointment of an
exper...tigation and there is no outstanding petition for benefits. The appealed order is reversed
and the case is remanded. JOANOS and KAHN, JJ., CONCUR.
579-CITE: 594 So.2d 867 Denise ALVARADO, Appellant, v. Martin M. RICE and Ruth Rice, Appellees.
TEXT: PER CURIAM. We affirm the trial court s decision denying appellant s claim for interest on
t...the supreme court: IS A CLAIMANT IN A PERSONAL INJURY ACTION ENTITLED TO INTEREST ON PAST
MEDICAL EXPENSES? ANSTEAD, LETTS and DELL, JJ., concur.
580-CITE: 526 So.2d 66 LIBERTY MUTUAL INSURANCE COMPANY, Petitioner, v. Frank CHAMBERS and Brunetta
Chambers, his wife, Respondents.
TEXT: PER CURIAM. We review Chambers v. Liberty Mutual Insurance Co., 511 So.2d 608 (Fla. 3d DCA
1...r proceedings consistent with this decision. It is so ordered. McDONALD, C.J., and OVERTON,
EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
581-CITE: 556 So.2d 831 TARPON SPRINGS GENERAL HOSPITAL, Petitioner, v. Thomas P. HUDAK, Respondent.
TEXT: DANAHY, Acting Chief Judge. Tarpon Springs General Hospital, the petitioner, has filed a
pet... under this statute and has not mentioned it in his response. Accordingly, we do not address
its applicability, if any, to the issues raised herein.
582-CITE: 719 So.2d 987 Patricia Ann HANKEY and Donald Hankey, Appellants, v. Susan YARIAN, M.D., et
al., Appellees.
TEXT: COBB, Judge. Patricia and Donald Hankey appeal from an order dismissing their medical
malpra...82. *990 this holding to be in conflict with Tanner. We certify direct conflict with
Rothschild. AFFIRMED. GRIFFIN, C.J., and THOMPSON, J. concur.
583-CITE: 683 So.2d 671 Barbara PLATMAN, as Personal Representative of the Estate of Alichia Platman,
Deceased, Appellant, v. HOLMES REGIONAL MEDICAL CENTER, INC., et al., Appellees.
TEXT: ON MOTION FOR REHEARING W. SHARP, Judge. We grant rehearing and withdraw our per curiam
aff...me of the procedures of section 766.207. Here, the offer was made pursuant to section 766.207
exclusively. AFFIRMED. COBB and HARRIS, JJ., concur.
584-CITE: 512 So.2d 1080 Bud Pratt WILLIAMS, Appellant, v. Firth S. SPIEGEL, M.D., Richard K. Ebken,
M.D. and Spiegel & Ebken M.D., P.A. and Florida Patient s Compensation Fund, Appellees.
TEXT: PER CURIAM. These consolidated appeals by Bud Pratt Williams, the plaintiff below, are from
...rney s fees part of the cost of litigation in more than seventy specific situations. Florida
Patient s Compensation Fund v. Rowe, 472 So.2d at 1148.
585-CITE: 683 So.2d 674 Phyllis LINTON, Petitioner, v. PCA FAMILY MEDICAL CENTERS, INC., etc., et al.,
Respondents.
TEXT: PER CURIAM. Finding no abuse of discretion, the petition for writ of certiorari is denied.
...l concede that first dropping, then leaving, a trial prosthetic head within the pelvic cavity is
not within the medically accepted standard of care.
586-CITE: 459 So.2d 1023 THE FLORIDA BAR RE: STANDARD JURY INSTRUCTIONS--CIVIL (PROFESSIONAL
MALPRACTICE).
TEXT: McDONALD, Justice The Supreme Court Committee on Standard Jury Instructions (Civil) has
subm...ts liability action, West v. Caterpillar Tractor Co., Inc., 336 So.2d 80 (Fla.1976), such
conduct may constitute a defense in a negligence action.
587-CITE: 600 So.2d 507 TEICHNER & MELLA, P.A., Ronald Teichner, M.D., and Enrique Mella, M.D.,
Appellants, v. Patrice BUTLER, By and Through her parents and next friends Patricia FULTON and
Anthony Butler, and Patricia Fulton, individually, Appellees.
TEXT: PER CURIAM. This is an appeal by the defendants Teichner & Mella, P.A., Ronald Teichner,
M.D...on rehearing). The defendants motion for new trial was, therefore, properly denied. The final
judgment under review is, in all respects, Affirmed.
588-CITE: 507 So.2d 620 Cesar Enrique GUERRERO, M.D. and Cesar Enrique Guerrero, M.D., P.A., Appellants,
v. Azucena FONTE, as guardian of the person and property of Rafael Fonte, incompetent, Azucena
Fonte, as wife of Rafael Fonte; Lazara Concepcion Fonte, through her mother and next friend, Azucena
Fonte; and Mercedes Barbara Fonte, through her mother and next friend, Azucena Fonte, Appellees.
TEXT: ON HEARING EN BANC PER CURIAM. Dr. Guerrero and Guerrero, M.D., P.A., appeal from the
trial...d by the defendant to be a valid defense), it has no impact upon a determination of whether
the appellants would have prevailed in the action below.
589-CITE: 623 So.2d 618 Esther RODRIGUEZ, a minor, By and Through her father and natural guardian, Jose
RODRIGUEZ, and Jose Rodriguez, individually, Petitioners, v. Harold A. YOUNT, M.D., Edward Sandall,
M.D., and Florida Patient s Compensation Fund, Respondents.
TEXT: PER CURIAM. The petition for writ of certiorari is granted and the order abating the cause
o...easor where the prior judgment remains uncollected. See Mitchell v. Edge, 598 So.2d 125 (Fla. 2d
DCA 1992). GUNTHER, WARNER and POLEN, JJ., concur.
590-CITE: 632 So.2d 79 Helen Marie MILLER and Dale Wendell Miller, Appellants Cross-Appellees, v. John
H. AFFLECK, M.D., and Hodnette Medical Center Clinic d b a Medical Center Clinic, P.A., Appellees
Cross-Appellants.
TEXT: WOLF, Judge. Appellants, Helen Miller and Dale Miller, plaintiffs in the trial court,
appeal...trial judge ruled, however, that such evidence would be unduly prejudicial although he felt
that evidence of the doctor s motivation was admissible.
591-CITE: 657 So.2d 967 Michael RYEKA, etc., et al., Appellants, v. HALIFAX HOSPITAL DISTRICT, etc., et
al., Appellees.
TEXT: W. SHARP, Judge. Michael Reyka, personal representative of the estate of Cynthia Reyka, his
...ins v. Johnson, 434 So.2d 976 (Fla. 2d DCA 1983); Goodman v. Becker, 430 So.2d 560 (Fla. 3d DCA
1983). AFFIRMED. DAUKSCH and GOSHORN, JJ., concur.
592-CITE: 451 So.2d 935 LAWNWOOD MEDICAL CENTER, INC., Petitioner, v. Antonio V. HERNANDEZ, M.D.,
Antonio V. Hernandez, M.D., P.A., Respondent.
TEXT: PER CURIAM. We grant the Petition for The Common Law Writ of Certiorari filed by Lawnwood
Me... Medical Center, to Plaintiff s First Request for Production of Documents is quashed.
Certiorari Granted. DOWNEY, BERANEK and WALDEN, JJ., concur.
593-CITE: 640 So.2d 1178 David Nicholas RAGOONANAN, a minor child, by his parents, David Ragoonanan and
Karen E. Ragoonanan; and David and Karen E. Ragoonanan, individually, Appellants, v. ASSOCIATES IN
OBSTETRICS & GYNECOLOGY; K. K. Yankopolus, M.D.; Philip F. Waterman II, M.D.; Randall P. Cowdin,
M.D.; Stuart Don Levy, M.D.; and Hospital Board of Directors of Lee County d b a Lee Memorial
Hospital, Appellees.
TEXT: PER CURIAM. The Ragoonanans contend the trial court improperly dismissed with prejudice
thei..., we reverse the order dismissing Associates with prejudice and remand for further
proceedings. CAMPBELL, A.C.J., and BLUE and FULMER, JJ., concur.
594-CITE: 706 So.2d 928 CAC-RAMSAY, INC., Lincoln Garay, M.D., and Lincoln Garay, M.D., P.A., et al.,
Appellants, v. Daniel MULL, individually and as Personal Representative of the Estate of Dolores
Mull, Deceased, Appellees.
TEXT: SHEVIN, Judge. CAC-Ramsay, Inc., and Dr. Garay appeal a final judgment finding them liable
i...sis. Based on the foregoing, we reverse the judgment as to CAC-Ramsay and affirm the judgment
as to Dr. Garay. Reversed in part; affirmed in part.
595-CITE: 699 So.2d 1026 Dirk FRANZEN, M.D. and Dirk Franzen, M.D., P.A., Appellants, v. Henry E. MOGLER
and Donna Mogler, individually, and as personal representatives of the Estate of Michael Mogler,
deceased, Appellees.
TEXT: FARMER, Judge. This case presents only issues identical to those we have today decided in
St...damages are controlled by the Medical Malpractice Act and not by the Wrongful Death Act.
GUNTHER, J. and MAY, MELANIE, G., Associate Judge, concur.
596-CITE: 580 So.2d 160 Carol JOSEPH, Appellant, v. Sherif SHAFEY, M.D. and Sherif SHAFEY, M.D., P.A., a
Florida professional service corporation, Appellees.
TEXT: PER CURIAM. Appellant, Carol Joseph, appeals the entry of a final summary judgment for
failu...y between appellant and Dr. Shafey, as well as the breach of any duty to appellant. We,
therefore, find no cause of action. Accordingly, we affirm.
597-CITE: 675 So.2d 1032 Renee P. MELANSON, Appellant, v. Bansidas M. AGRAVAT, M.D., Appellee.
TEXT: PER CURIAM. This is an appeal from a final order dismissing appellant s complaint for the
un...[t]he only reasonable construction of what the legislature has set down on paper is that the
utter failure to do anything at all is unreasonable. ).
598-CITE: 646 So.2d 209 SEARCY, DENNEY, SCAROLA, BARNHART & SHIPLEY, P.A., Appellant, v. PAIGE N.
POLETZ, a minor child, By and Through her parents, William Randolph POLETZ and Mindy J. Poletz, and
William Randolph Poletz and Mindy J. Poletz, individually, Appellees.
TEXT: PATTERSON, Judge. In an acrimonious dispute over the allotment of attorney s fees between a
...s of the guardian ad litem be assessed against the gross proceeds of the settlement paid on
behalf of the minor. FRANK, C.J., and HALL, J., concur.
599-CITE: 502 So.2d 1228 THE FLORIDA BAR, Complainant, v. Louis VERNELL, Jr., Respondent.
TEXT: EHRLICH, Justice. This disciplinary proceeding is before us following a complaint by The
Flo...considered rehabilitated following that 1979 suspension. Under the circumstances, I would
accept the referee s recommendation of a public reprimand.
600-CITE: 673 So.2d 145 Gary CHRISTENSEN, et al., Petitioners, v. J. Gerard CORREA, Respondent.
TEXT: PER CURIAM. DENIED. HARRIS and GRIFFIN, JJ., concur. W. SHARP, J., dissents, with
opinion....f certiorari. Cf. Broward Bank v. Sammons, 632 So.2d 733 (Fla. 4th DCA 1994); Jenkins v.
Harris Insurance, Inc., 572 So.2d 1011 (Fla. 1st DCA 1991).
601-CITE: 633 So.2d 490 CROWN WINDOW COMPANY and Gallagher Bassett, Appellants, v. Joseph PIESCO,
Appellee.
TEXT: PER CURIAM. In this workers compensation case, the employer and servicing agent seek review
...r Co. v. Singh, 418 So.2d 395 (Fla. 1st DCA 1982), we reverse. REVERSED. JOANOS and WEBSTER,
JJ., concur. ZEHMER, C.J., dissents without opinion.
602-CITE: 471 So.2d 598 Doreen CATO, as personal representative of the Estate of John Cato, Appellant,
v. WEST FLORIDA HOSPITAL, INC.; Medical Center Clinic, P.A.; John E. Wimberly, M.D., and William C.
Woolverton, M.D., Appellee.
TEXT: MILLS, Judge. Cato appeals from a jury verdict in favor of appellees in this medical
malprac...ality of a statute cannot be considered for the first time on appeal unless its use
amounts to fundamental error? SMITH and THOMPSON, JJ., concur.
603-CITE: 509 So.2d 356 William A. HUMBER and Dorothy Humber, his wife, Appellants, v. Thomas ROSS,
M.D., and Thomas Ross, M.D., P.A., Doctors Hospital of Lake Worth, Inc., and Florida Patient s
Compensation Fund, Appellees.
TEXT: Glickstein, Judge. Plaintiffs in a medical malpractice suit appeal final judgment in favor
o...ion, and even though there was no fraud or concealment on the part of the defendants. GUNTHER,
J., concurs. LETTS, J., concurs in conclusion only.
604-CITE: 573 So.2d 17 T. Dwight BARRON, Petitioner, v. Scott E. CRENSHAW and Barbara L. Crenshaw, etc.,
Respondents.
TEXT: PETERSON, Judge. The narrow issue presented in this petition for writ of certiorari is the
p...ed. The trial court should have granted Barron s motion to dismiss, and we reverse the order of
denial. REVERSED. COWART and HARRIS, JJ., concur.
605-CITE: 728 So.2d 373 COLUMBIA PARK MEDICAL CENTER, INC., Petitioner, v. Kevin GIBBS, etc., et al.,
Respondents.
TEXT: DAUKSCH, J. This is before the court as a petition for writ of certiorari seeking to have
th...iscovery under sections 766.101(5) and 395.0191(8), Florida Statutes. PETITION GRANTED; ORDER
QUASHED; REMANDED. HARRIS and PETERSON, JJ., concur.
606-CITE: 591 So.2d 252 SOUTHERN NEUROSURGICAL ASSOCIATES, P.A., Petitioner, v. The Honorable Edward H.
FINE, Circuit Court Judge for the Fifteenth Judicial Circuit in and for Palm Beach County, Florida,
Respondent.
TEXT: PER CURIAM. Petitioner filed this petition for writ of prohibition in order to obtain an
ord... the essential requirements of law in denying the motion to dismiss. GLICKSTEIN, C.J., and
ANSTEAD, J., concur. STONE, J., concurs in result only.
607-CITE: 697 So.2d 575 FORT WALTON BEACH MEDICAL CENTER, INC., and Robert D. Siwicki, individually, and
Robert D. Siwicki, P.A., Petitioners, v. Tony M. DINGLER and Staci L. Dingler, husband and wife,
Respondents.
TEXT: VAN NORTWICK, Judge. In this consolidated proceeding, Fort Walton Beach Medical Center,
Inc....k of definition of critical terms and in their total lack of consistency in the manner of use
and apparent meaning of those critical . . . terms. ).
608-CITE: 678 So.2d 917 Sally JELENC and David Jelenc, Her Husband, Appellants, v. Charles B. DRAPER, d
b a Draper Law Offices, etc., Appellee.
TEXT: GOSHORN, Judge. Sally and David Jelenc appeal the order dismissing their complaint with
prej...ld not have been done later. And there is no indication that the known witnesses were not
still available after the law firm withdrew from the case.
609-CITE: 461 So.2d 1035 John S. MATHEWS, Appellant, v. Linda H. MATHEWS, Appellee.
TEXT: PER CURIAM. John Mathews appeals a final order finding him in arrears on child support
payme... of $243.50 as a contribution towards medical bills. We affirm the order in all other
respects. SCHEB, A.C.J., and CAMPBELL and LEHAN, JJ., concur.
610-CITE: 488 So.2d 56 FLORIDA PATIENT S COMPENSATION FUND, Petitioner, v. Herbert COHEN, Respondent.
TEXT: SHAW, Justice. We review Cohen v. Baxt, 473 So.2d 1340 (Fla. 4th DCA 1985), because of
direc...se is remanded for proceedings consistent with this opinion. It is so ordered. BOYD, C.J.,
and ADKINS, OVERTON, MCDONALD and EHRLICH, JJ., concur.
611-CITE: 642 So.2d 632 Jean CHARLONNE, Appellant, v. Vlad ROSENTHAL, M.D., and Vlad Rosenthal, M.D.,
P.A., Appellees.
TEXT: COPE, Judge. Jean Charlonne appeals an adverse summary judgment in her medical malpractice
s..., 209 So.2d 279, 280-81 (Fla. 4th DCA 1968). We otherwise express no opinion on the sufficiency
of the defendant s or plaintiff s expert affidavits.
612-CITE: 611 So.2d 114 Marian L. PADGETT, as personal representative of the Estate of Kelly Jean
Ellison, a minor, deceased, Appellant, v. CIVITAN REGIONAL BLOOD CENTER, INC., Appellee.
TEXT: PER CURIAM. Appellant, Marian L. Padgett, as personal representative of Kelly Jean Ellison,
... in light of Silva v. Southwest Florida Blood Bank, Inc., 601 So.2d 1184 (Fla.1992). VACATED and
REMANDED. BOOTH, BARFIELD and MINER, JJ., concur.
613-CITE: 465 So.2d 1332 Louis Key COLON and Jeannette M. Colon, Appellants, v. The CELOTEX CORPORATION,
a Delaware corporation, Fibreboard Corporation, a Delaware corporation, et al., Appellees.
TEXT: FERGUSON, Judge. Plaintiff, Louis Colon, appeals from a summary judgment entered in favor
of...tablished to a reasonable medical certainty before time for bringing action had expired).
Reversed and remanded for further consistent proceedings.
614-CITE: 692 So.2d 989 Benny SORTINO, Appellant, v. COMMERCIAL CARRIER CORPORATION and Comcar,
Appellees.
TEXT: PER CURIAM. Based on a 1986 compensable accident, appellant made a claim for further
medical...nt, concerning their obligation to provide future care. As explained here, the order is
AFFIRMED. BARFIELD, C.J., and KAHN and DAVIS, JJ., concur.
615-CITE: 599 So.2d 782 MARK DECKER CONSTRUCTION and Liberty Mutual Insurance, Appellants, v. Clifton
KOPPE, Dunnson Construction and Claims Center, Appellees.
TEXT: WIGGINTON, Judge. We affirm the compensation award in the instant case except as to the
exte... his order and to make a specific finding of maximum medical improvement relative to any
award of medical benefits. BOOTH and WEBSTER, JJ., concur.
616-CITE: 639 So.2d 1007 Dennis BUDREAU and Marcia Budreau, his wife, Appellants, v. Efrain MENDOZA,
M.D., et al., Appellees.
TEXT: PER CURIAM. This is an appeal by the plaintiffs Dennis and Marcia Budreau from a final
order...136 (Fla. 5th DCA), rev. denied, 604 So.2d 486, 487 (Fla.1992); Stebnicki v. Wolfson, 584
So.2d 177, 179 (Fla. 3d DCA 1991). Reversed and remanded.
617-CITE: 472 So.2d 809 SUNLAND CENTER AT MIAMI and Crawford & Company, Appellants, v. Earlene BROWN,
Appellee.
TEXT: PER CURIAM. We affirm the order dated August 30, 1984, awarding permanent total disability
b...modified to reflect the date of maximum medical improvement as October 28, 1980. AFFIRMED as
modified. WENTWORTH, NIMMONS and ZEHMER, JJ., concur.
618-CITE: 498 So.2d 436 Joel B. FLEISHER, M.D., Appellant, v. FLORIDA PATIENT S COMPENSATION FUND,
Appellee.
TEXT: BASKIN, Judge. Dr. Joel Fleisher challenges the dismissal of an amended complaint in which
h...o not believe that the issue in this case is one of great public importance, I respectfully
decline to join the proposed certificate to that effect.
619-CITE: 471 So.2d 626 George H. WILLIAMS, as Personal Representative of the Estate of Barbara J.
Williams, deceased, and George H. Williams, individually, Appellant, v. BAY HOSPITAL, INC., d b a
Gulf Coast Community Hospital, Appellee.
TEXT: SMITH, Judge. Appellant seeks reversal of a final summary judgment dismissing his complaint
...amage claim or objection at trial, not dismissal of the complaint. REVERSED and REMANDED for
further proceedings. MILLS and THOMPSON, JJ., concur.
620-CITE: 479 So.2d 134 Surindar S. BEDI, M.D., Appellant, v. DEPARTMENT OF PROFESSIONAL REGULATION,
Appellee.
TEXT: RYDER, Chief Judge. This is an appeal from a final administrative order of the Florida
Board...s for increasing the penalty recommended by the hearing examiner. Affirmed in part;
reversed and remanded in part. GRIMES and DANAHY, JJ., concur.
621-CITE: 531 So.2d 84 Donald and Michele PIERCE, Petitioners, v. AALL INSURANCE INCORPORATED,
Respondent.
TEXT: KOGAN, Justice. We have for review the opinion of the Fifth District Court of Appeal in
Pier...- (FN3) In addition, several of the professions previously illustrated require a showing that
an applicant for licensure be of good moral character.
622-CITE: 585 So.2d 1162 Virginia HEINEMANN, Appellant, v. JOHN F. KENNEDY MEMORIAL HOSPITAL, Appellee.
TEXT: PER CURIAM. Virginia Heinemann appeals from the trial court s entry of final summary
judgmen...versed and we remand this case for further proceedings consistent with this opinion.
REVERSED and REMANDED. DELL, GARRETT and FARMER, JJ., concur.
623-CITE: 671 So.2d 249 Donald HANFT, M.D. and Donald Hanft, M.D., P.A., Appellants, v. Suzanne CHURCH
and John Church, Appellees.
TEXT: PER CURIAM. Donald Hanft, M.D. and Donald Hanft, M.D., P.A. appeal an order denying their
mo.... 3d DCA 1987). Accordingly the order under review is reversed and the cause remanded with
directions to vacate the default. Reversed and remanded.
624-CITE: 477 So.2d 620 David T. RICHARDS, Appellant, v. Pauline I. RICHARDS, Appellee.
TEXT: COBB, Chief Judge. David Richards appeals the final judgment dissolving his marriage with
Pa... liability in regard to medical expenses. Otherwise, the judgment of the trial court is
affirmed. AFFIRMED in part; REVERSED in part; and REMANDED.
625-CITE: 659 So.2d 1134 Lawrence M. THRONEBURG, III, Appellant, v. BOOSE, CASEY, CIKLIN, LUBITZ,
MARTENS, McBANE & O CONNELL, P.A.; Patrick J. Casey, P.A.; Patrick J. Casey; and Jean Crippen,
Appellees.
TEXT: FARMER, Judge. The trial judge determined that the complaint in this action alleging legal
m...f limitations did not begin to run until the court invalidated the amendment. REVERSED.
PARIENTE, J., and WOLF, JAMES R., Associate Judge, concur.
626-CITE: 577 So.2d 984 Wilbert WIGGINS and Delores Wiggins, his wife, individually and as guardian and
next friends of Delores Evangeline Wiggins, an infant child, Appellants, v. Hormoz KHOSRAVI, M.D.,
Appellee.
TEXT: WIGGINTON, Judge. Appellants, plaintiffs below, appeal a final summary judgment entered in
f...motion for leave to file a third amended complaint. REVERSED and REMANDED for further
proceedings. SMITH, J., and WENTWORTH, Senior Judge, concur.
627-CITE: 748 So.2d 378 LIFEMARK HOSPITALS OF FLORIDA, INC., d b a Palmetto General Hospital,
Petitioner, v. Inez HERNANDEZ and Lenin Hernandez, her husband; Sumivol Vorasoran, M.D.; Florida
Anesthesia Associates, P.A.; Laida Casanova, M.D.; Alvarez-Jacinto, Alvarez-Jacinto, & Casanova,
M.D., P.A., Respondents.
TEXT: COPE, J. Lifemark Hospitals of Florida, Inc., doing business as Palmetto General Hospital,
p.... Bennett, 672 So.2d 93, 94 (Fla. 3d DCA 1996), we grant the petition for writ of certiorari and
quash the order now before us. Certiorari granted.
628-CITE: 471 So.2d 601 Jay S. REESE, M.D., Appellant, v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD
OF MEDICAL EXAMINERS, Appellee.
TEXT: THOMPSON, Judge. This is an appeal from a final order of the Board of Medical Examiners
(Boa...emanded for the entry of a new order based on the findings of fact and the conclusions of law
of the hearing officer. MILLS and SMITH, JJ., concur.
629-CITE: 541 So.2d 684 James MALER, Jr., a minor child, by and through his mother and natural guardian,
Joni MALER, individually, and James Maler, Sr., Petitioners, v. Honorable Frederick N. BARAD, Judge
of the Eleventh Judicial Circuit Court, in and for Dade County, Florida, et al., Respondents.
TEXT: PER CURIAM. This is a petition for a writ of mandamus to compel the respondent circuit
court... case. Thus, I differ with the lower court and the majority here only as to the date upon
which the plaintiffs economic status should be determined.
630-CITE: 475 So.2d 279 Lois ADAMS, Appellant, v. Bernard SOMMERS, Appellee.
TEXT: UPCHURCH, Judge. Lois Adams appeals from a final summary judgment in favor of Bernard
Sommer... not suffer any damage until 1981 when the appeal was finally resolved. REVERSED and
REMANDED. COBB, C.J., and LEE, R.E., Associate Judge, concur.
631-CITE: 719 So.2d 1014 NORTH RIDGE MEDICAL PLAZA, INC., as General Partner of North Ridge Medical
Plaza, Ltd., a Florida limited partnership, and Richard K. Inglis, as Trustee, Petitioners, v. TENET
HEALTHCARE CORPORATION d b a Tenet South Florida Healthsystem, Amisub (North Ridge Hospital), Inc. d
b a North Ridge Medical Center, and FL Health Complex, Inc., Respondents.
TEXT: PER CURIAM. We grant the petition for writ of certiorari and quash those portions of the
ord...ner or real party in interest of the Inglis trust, his attendance at deposition must be
obtained by subpoena. DELL, SHAHOOD and GROSS, JJ., concur.
632-CITE: 453 So.2d 465 Eleanor MACK and Robert Mack, Sr., her husband, Appellants, v. Manual G. GARCIA,
M.D., et al., Appellees.
TEXT: WALDEN, Judge. The Macks sued Dr. Garcia for medical malpractice and prevailed. However,
the...claimed costs from both trials and award a cost judgment accordingly. Reversed and remanded
with instructions. GLICKSTEIN and HURLEY, JJ., concur.
633-CITE: 555 So.2d 1300 MT. SINAI MEDICAL CENTER, INC., Petitioner, v. Elizabeth PEREZ-TORBAY and
Eduardo Torbay, Respondents.
TEXT: PER CURIAM. Mt. Sinai Medical Center petitions for a writ of certiorari to review two
orders...sement is inappropriate under the circumstances present here, the prospect of post-trial
reimbursement may have been entirely illusory in any event.
634-CITE: 576 So.2d 1366 BERRY CORPORATION and Commercial Risk Management, Appellants, v. Charles Edward
SMITH, Jr., Appellee.
TEXT: ZEHMER, Judge. Berry Corporation and Commercial Risk Management appeal a workers
compensatio...of the independent medical examination, and affirm the remainder of the order.
AFFIRMED IN PART and REVERSED IN PART. BOOTH and WOLF, JJ., concur.
635-CITE: 725 So.2d 1264 Dorothy NICHOLSON, Personal Representative of the Estate of Alrick Nicholson,
deceased; Dorothy Nicholson, individually, Kenley Nicholson; Arlene Fargaharson, Mother and next of
friend of minor child, Collin G. Nicholson; and Arlene Fargaharson, individually, Appellants, v.
HOSPITAL CORPORATION OF AMERICA, d b a Plantation General Hospital; Dr. F. Gary Gieseke, M.D. and
Dr. Morris V. Epstein, M.D., jointly and severally, Appellees.
TEXT: OWEN, WILLIAM C., Jr., Senior Judge. Alrick Nicholson, severely injured in an automobile
col...he remaining points in appellants brief neither demonstrate reversible error nor require
discussion. AFFIRMED. STONE, C.J., and KLEIN, J., concur.
636-CITE: 589 So.2d 223 John INGERSOLL, et ux., Petitioners, v. Warren HOFFMAN, D.D.S., Respondent.
TEXT: GRIMES, Justice. We review Ingersoll v. Hoffman, 561 So.2d 324 (Fla. 3d DCA 1990), in which
...e decision below and remand for further proceedings. It is so ordered. SHAW, C.J., and OVERTON,
McDONALD, BARKETT, KOGAN and HARDING, JJ., concur.
637-CITE: 642 So.2d 570 Alexandra McCABE and Dennis McCabe, her husband, Appellants, v. Victor SIEGEL,
M.D., Victor Siegel, M.D., P.A., and Randy Fox, M.D., Appellees.
TEXT: PER CURIAM. REVERSED. We agree with appellants that the trial court erred in reinstituting
a...d by other means. Accordingly, we reverse and remand for further proceedings consistent with
this opinion. ANSTEAD, HERSEY and POLEN, JJ., concur.
638-CITE: 552 So.2d 215 Catherine M. JACKSON, Appellant, v. George A. GEORGOPOLOUS, M.D., Appellee.
TEXT: PARKER, Judge. In this medical malpractice suit brought for the death of plaintiff s
husband...which precluded the tolling of the statute under the doctrine of fraudulent concealment,
this opinion need not, and does not, address that argument.
639-CITE: 700 So.2d 102 ABC LIQUORS, INC., and United Self-Insured Services, Petitioners, v. Julio
FLORES, Respondent.
TEXT: ERVIN, Judge. We deny the petition for writ of certiorari filed by the employer and
insuranc....13(5); therefore, the JCC properly granted Flores motion for IME. PETITION FOR WRIT OF
CERTIORARI DENIED. BARFIELD, C.J., and BENTON, J., concur.
640-CITE: 601 So.2d 1184 Gerald SILVA, etc., Petitioner, v. SOUTHWEST FLORIDA BLOOD BANK, INC.,
Respondent. John SMITH, et ux., etc., Petitioners, vs. SOUTHWEST FLORIDA BLOOD BANK, INC.,
Respondent.
TEXT: BARKETT, Justice. We have before us the consolidated cases of Silva v. Southwest Florida
Blo... 151 So. 333 (1933); Van Pelt v. Hilliard, 75 Fla. 792, 78 So. 693 (1918); and State ex rel.
Springer v. Smith, 189 So.2d 846 (Fla. 4th DCA 1966).
641-CITE: 509 So.2d 1206 Robin GORDON, Appellant, v. DAVID ROBERTS MASONRY and Liberty Mutual Ins., Co.,
Appellees.
TEXT: WENTWORTH, Judge. Claimant seeks review of a workers compensation order by which a claim
for...the record does not otherwise support the deputy s action. The order appealed is reversed and
the cause remanded. MILLS and BARFIELD, JJ., concur.
642-CITE: 586 So.2d 91 Nivaldo F. CRUZ, Jr., Appellant, v. UNION GENERAL INSURANCE, Appellee.
TEXT: PER CURIAM. Nivaldo Cruz appeals from an order dismissing with prejudice his action for
decl...a. 1st DCA), cert. denied, 286 So.2d 205 (Fla.1973); Levenson v. Motor Union (Aviation) Orion
Ins. Co., 176 So.2d 125 (Fla. 3d DCA 1965). Affirmed.
643-CITE: 564 So.2d 251 Daniel G. KNAUF, M.D., Appellant, v. Shirley McBRIDE, et al., Appellees.
TEXT: PER CURIAM. This is an appeal from a non-final order of the trial court which denied a
motio...n alleged immunity do not determine jurisdiction of the person). Accordingly, this appeal
is dismissed. JOANOS, WIGGINTON and ZEHMER, JJ., concur.
644-CITE: 618 So.2d 261 John R. PATRY and Linda J. Patry, Individually and as Mother and Father and Next
Friends of Chad M. Patry, a Minor, Appellants, v. William L. CAPPS, M.D. and William L. Capps, M.D.,
P.A., Appellees.
TEXT: BLUE, Judge. John R. Patry and Linda J. Patry, individually and as mother and father and
nex...THAT CAN BE DISREGARDED BY THE TRIAL COURT WHEN THE *266 DEFENDANT RECEIVES ACTUAL WRITTEN
NOTICE IN A TIMELY MANNER THAT RESULTS IN NO PREJUDICE.
645-CITE: 451 So.2d 939 STATE OF FLORIDA SUNLAND CENTER and Crawford & Company, Appellants, v. Blanche
CAMPBELL, Appellee.
TEXT: SHIVERS, Judge. In this workers compensation case, the employer carrier appeal an order of
t...is September 5, 1979, the reference should be to section 440.34(2)(a), Fla.Stat. (1979) (current
version at section 440.34(3)(a), Fla.Stat. (1983)).
646-CITE: 580 So.2d 333 Philip H. JOHNSON and Virginia E. Johnson, Appellants, v. ALLEN, KNUDSEN,
DeBOEST, EDWARDS & RHODES, P.A., f k a Allen, Knudsen, Swartz, DeBoest, Rhodes & Edwards, P.A., a
Florida professional association, Appellee.
TEXT: THREADGILL, Judge. Philip and Virginia Johnson appeal a final order dismissing their
counter...r dismissing the counterclaim with prejudice and remand for further proceedings consistent
with this opinion. RYDER, A.C.J., and LEHAN, J., concur.
647-CITE: 485 So.2d 27 FIRST IMPRESSIONS and United States Fidelity & Guaranty Company, Appellants, v.
Hector OLIVA and Division of Workers Compensation, Appellees.
TEXT: WIGGINTON, Judge. Appellants, employer carrier, appeal the deputy commissioner s finding
tha... conditions of the pretrial stipulation. The order is affirmed as amended. ERVIN, J., and
McCORD, GUYTE, P., Jr. (Ret.), Associate Judge, concur.
648-CITE: 498 So.2d 1011 BRUCE H. LYNN, M.D., P.A. Petitioner, v. Lucille E. MILLER and Anson F. Miller,
Respondents.
TEXT: HALL, Judge. Lynn, a defendant in a pending medical malpractice suit below, petitions this
c...is granted, and this case is remanded to the trial court for further proceedings consistent with
this opinion. DANAHY, C.J., and LEHAN, J., concur.
649-CITE: 738 So.2d 333 George SOWELL, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant challenges a judgment entered upon a finding that he was guilty
of...rized a marijuana prescription program which had been discontinued several years before the
decision in Jenks. (FN2) Section 2.01, Florida Statutes.
650-CITE: 700 So.2d 379 STANDARD JURY INSTRUCTIONS--CIVIL CASES--NO. 97-1.
TEXT: PER CURIAM. The Florida Supreme Court Committee on Standard Jury Instructions in Civil
Cases...erdict.___ ___2. For a model itemized verdict form, as contemplated by Section 768.77,
Florida Statutes, refer to Model Verdict Form 8.1 or 8.2.___
651-CITE: 751 So.2d 672 Celina ROBERTS, as Personal Representative of the Estate of Nick Roberts, on
behalf of the Estate of Nick Roberts, and on Behalf of Celina Roberts, individually, surviving
parent, and on Behalf of Martin Roberts, individually, surviving parent, Appellant, v. CHILDREN S
MEDICAL SERVICES, a former division of the Florida Department of Health and Rehabilitative Services,
now known as tht Department of Children and Families, and, the Agency for Health
Care-Administration; Interim Healthcare, Inc.; Susan Personette; Judith Winans; and Lyn Jones,
Appellees. Children s Medical Services, a former division of the Florida Department, of Health and
Rehabilitative Services, now known as the Department of Children and Families, Appellant, v. Interim
Healthcare, Inc., appellee.
TEXT: SALCINES, Judge. This appeal has been brought by Celina Roberts, as Personal Representative
...r, the cross-appeal filed by Children s Medical Services is moot. Reversed and remanded with
directions. CAMPBELL, A.C.J., and PARKER, J., Concur.
652-CITE: 433 So.2d 1224 Raul MARRERO, as Personal Representative of the Estate of Enriqueta Marrero;
Raul Marrero, as father and next best friend of Alejandro Marrero, a minor child; and Raul Marrero,
individually, Appellants, v. Glenn L. SALKIND, M.D. and Paul A. Gluck, M.D. Appellees.
TEXT: NESBITT, Judge. The plaintiff, as personal representative of the estate of his wife,
appeals... (Fla.1981); Aldana v. Holub, 381 So.2d 231 (Fla.1980). Reversed and remanded for a new
trial. ------------ (FN1) Standard Jury Instruction 5.1(b).
653-CITE: 617 So.2d 822 Johnny Allen BAKER, Appellant, v. Gina Louise ASHTON, Appellee.
TEXT: PER CURIAM. Appellant seeks reversal of a child support order. We affirm. Appellant, after
... argument which is more properly directed to the legislature. Accordingly, the final judgment is
AFFIRMED. ERVIN, SMITH and BARFIELD, JJ., concur.
654-CITE: 720 So.2d 595 Daniel ROTHMAN, M.D., P.A., Appellant Cross-Appellee, v. Thomas HEBEBRAND and
his wife, Olive Hebebrand, Appellees Cross-Appellants.
TEXT: KLEIN, Judge. Appellee plaintiffs sued Daniel Rothman and his professional association
(P.A....e P.A., as well as the cost of judgment which followed it. We affirm the cross-appeal.
WARNER, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
655-CITE: 535 So.2d 611 Indrajit SMITH, Appellant Cross-Appellee, v. GENERAL CONFERENCE OF SEVENTH DAY
ADVENTISTS and National Union Fire Insurance Company of Pittsburgh, Appellees Cross-Appellants.
TEXT: BOOTH, Judge. This cause is before us on appeal from an order of the deputy commissioner
gra...E CLASSIFIED AS COMPENSATION PURSUANT TO SECTIONS 440.20(8) AND (9), FLORIDA STATUTES, FOR
AWARD OF PENALTIES. SHIVERS and THOMPSON, JJ., concur.
656-CITE: 580 So.2d 873 Richard GARDEN and Dorothy Garden, his wife, Appellants, v. J. Sherman FRIER d b
a J. Sherman Frier & Associates, Appellee.
TEXT: WOLF, Judge. The appellants challenge a Summary Final Judgment in favor of the appellee, a
l...n the Pierce opinion calls for a reversal by the supreme court on the facts of this case if
there is any justice to be found in the judicial system.
657-CITE: 438 So.2d 106 CORAL GABLES HOSPITAL and Esis, Inc., Appellants, v. Kathryn M. TATARONIS and
Division of Workers Compensation, Appellees.
TEXT: PER CURIAM. The employer carrier in this workers compensation case challenges the deputy
com...917 (Fla. 1st DCA 1982). REVERSED and REMANDED for further proceedings not inconsistent
herewith. LARRY G. SMITH, JOANOS and NIMMONS, JJ., concur.
658-CITE: 752 So.2d 556 PULMOSAN SAFETY EQUIPMENT CORPORATION, Petitioner, v. Earl BARNES, et al.,
Respondents.
TEXT: PARIENTE, J. We have for review a decision on the following question certified to be of
grea...e and approve the First District s decision in this case. It is so ordered. HARDING, C.J.,
and SHAW, WELLS, ANSTEAD, LEWIS and QUINCE, JJ., concur.
659-CITE: 752 So.2d 1231 Helena RODRIGUEZ, on Behalf of the ESTATE OF Elena RODRIGUEZ-BOBES, Appellant,
v. THE NURSING CENTER AT MERCY, owned and operated by Egremont Healthcare Associates, a General
Partnership consisting of Lenox Healthcare, Inc., a Massachusetts corp., M.K., Inc., an Indiana
corp., and Mercy Hospital, Inc., a Florida corporation, Appellees.
TEXT: PER CURIAM. The issue of whether a personal representative can bring an action under
Section...n told by various family members. The doctor never examined either the patient while she
was alive or the medical records of the patient. Affirmed.
660-CITE: 671 So.2d 203 BARNETT MEDICAL CENTER, INC., d b a Barnett Medical Center, Jorge V.
Vazquez-Lopez, M.D., and Robert K. Estes, P.A., Petitioners, v. Uvaldo CABRERA and Agueda Cabrera,
his wife, Respondents.
TEXT: PER CURIAM. Barnett Medical Center, Inc., Jorge V. Vazquez-Lopez, M.D., and Robert K.
Estes,...d 544 (Fla.1986). The order denying withdrawal is quashed and the cause remanded with
directions to permit counsel to withdraw. Certiorari granted.
661-CITE: 693 So.2d 1043 PUBLIC HEALTH TRUST OF DADE COUNTY d b a Jackson Memorial Hospital; The
University of Miami, Inc. d b a University of Miami School of Medicine; Jeffrey Augenstein, M.D.;
Marek Zalewski, M.D.; Ernest Block, M.D.; and Eddy Carrillo-Sanchez, M.D., Petitioners, v. Denise Y.
FRANKLIN, Respondent.
TEXT: PER CURIAM. The petitioner, the Dade County Public Health Trust d b a Jackson Memorial
Hospi...he petition and quash the trial court s order preventing defense counsel from communicating
with these physicians. Petition granted; order quashed.
662-CITE: 537 So.2d 623 Archer E. CHRISTIAN, Appellant, v. COLONIAL PENN INSURANCE COMPANY, Appellee.
TEXT: DELL, Judge. Archer E. Christian appeals from a declaratory judgment that denied his claim
f...VERSED AND REMANDED. LETTS and GUNTHER, JJ., concur. ------------ (FN1) At oral argument,
appellee abandoned its argument based on section 627.635.
663-CITE: 513 So.2d 668 Alfonzo MITCHELL, Appellant, v. LITTRELL CONCRETE and Whiting National Services,
Appellees.
TEXT: PER CURIAM. Appellant Alfonzo Mitchell suffered an industrial injury on August 13, 1984.
App...ty s implicit rejection of the medical testimony. Reversed and remanded for entry of a proper
order. BOOTH, C.J., JOANOS and NIMMONS, JJ., concur.
664-CITE: 455 So.2d 620 Robin PISUT, a minor, by her natural guardian and next friend, Lavere PISUT, and
Lavere Pisut, individually, Appellants, v. Alan K. SICHELMAN, M.D. and Paul F. Wallace, M.D.,
Appellees.
TEXT: RYDER, Chief Judge. The recent decision of our supreme court in Cates v. Graham, 451 So.2d
4...I and IX against Drs. Sichelman and Wallace are barred because not brought within the
limitations period. AFFIRMED. GRIMES and SCHEB, JJ., concur.
665-CITE: 632 So.2d 102 Michael TAUBEN, Appellant, v. JOE S STONE CRABS, INC. and Occidental Fire &
Casualty Co., Appellees.
TEXT: WOLF, Judge. Tauben appeals from a final order of the judge of compensation claims (JCC)
fin... Agri-Chemicals, supra. This was error. Reversed and remanded for application of the USS
Agri-Chemicals test. ZEHMER, C.J., and MINER, J., concur.
666-CITE: 674 So.2d 193 Julia STRINGER, Appellant, v. Lawrence KATZELL, M.D., individually, Lawrence
Katzell, M.D., P.A., a Professional Association, David G. Droller, M.D., individually, David G.
Droller, M.D., P.A., a Professional Association, Appellees.
TEXT: GROSS, Judge. This is an appeal from an order granting a directed verdict for defendants in
...ther point on appeal, concerning the bias of the trial judge against her, is without merit.
REVERSED AND REMANDED KLEIN and PARIENTE, JJ., concur.
667-CITE: 592 So.2d 804 AMERICAN FREIGHT SYSTEMS, INC. and Self-Insured Guaranty Fund, Alexsis Risk
Management, Appellants, v. Michael ALBERTA, Appellee.
TEXT: WIGGINTON, Judge. Appellants, employer carrier, appeal the judge of compensation claims
awar...1986. We affirm as to the remaining two points raised by employer carrier. AFFIRMED in part
and REVERSED in part. BARFIELD and WOLF, JJ., concur.
668-CITE: 553 So.2d 1361 Nicholas D. ATHANS, Appellant, v. James B. SOBLE, Individually, and Taub &
Williams, a professional association, Appellees.
TEXT: RYDER, Judge. Nicholas Athans attacks a final summary judgment in which the trial court
gran...est in the property to the sellers. Reversed and remanded for proceedings consistent with
this opinion. SCHEB, A.C.J., and SCHOONOVER, J., concur.
669-CITE: 559 So.2d 609 Henry A. RICCIO and Jean Riccio, Appellants, v. Herbert HEITNER, individually
and as co-partner d b a Heitner & Rosenfeld, Appellees.
TEXT: PER CURIAM. Herbert Heitner, a foreign attorney, became a partner in a law firm with one
Ros...ction 48.193(1), Florida Statutes. Therefore the order under review is reversed and the
matter returned to the trial court for further proceedings.
670-CITE: 453 So.2d 79 VIC LANE CONSTRUCTION, INC. and Gulf Insurance Group, Appellants, v. Donald B.
HOLLAND, Appellee.
TEXT: WIGGINTON, Judge. The employer carrier appeal from the final order of the deputy
commissione...dial medical care is not awardable following maximum medical improvement. Manns Jiffy
Food Mart, et al. v. O Neil, 453 So.2d 78 (Fla. 1st DCA 1984).
671-CITE: 473 So.2d 1340 Herbert COHEN, Appellant, v. Paul BAXT, M.D., et al., Appellees.
TEXT: HERSEY, Chief Judge. The issue in this appeal from a summary final judgment is the
applicabi...se of action. On both points, then, we reverse and remand for further appropriate
proceedings. REVERSE and REMAND. ANSTEAD and DELL, JJ., concur.
672-CITE: 651 So.2d 1311 WINN-DIXIE STORES, INC., Appellant, v. Allora CROWELL, and Charles Crowell, her
husband, Appellees.
TEXT: PER CURIAM. Winn-Dixie Stores, Inc., appeals an adverse final judgment in a premises
liabili...ce the awards for past and future medical expenses, and to recalculate the final judgment
amount. Affirmed in part, reversed in part, and remanded.
673-CITE: 583 So.2d 1095 Nanjunda SWAMY, M.D., et al., Appellants, v. Judith HODGES, Appellee.
TEXT: WOLF, Judge. Dr. Swamy filed three separate appeals which have been consolidated, all
arisin...truct that this portion of the verdict be set aside. See Whitehead v. Linkous, 404 So.2d
377 (Fla. 1st DCA 1981). ZEHMER and BARFIELD, JJ., concur.
674-CITE: 668 So.2d 629 George J. KARR, D.D.S., and George J. Karr, D.D.S., P.A., Appellants, v. Lynn
SELLERS, Appellee.
TEXT: KLEIN, Judge. Defendants appeal a $675,000 judgment in a dental malpractice action, arguing
...e the judgment and remand for an evidentiary hearing on sanctions, and for a new trial on
liability and damages. GLICKSTEIN and POLEN, JJ., concur.
675-CITE: 558 So.2d 411 FLORIDA PATIENT S COMPENSATION FUND, et al., Petitioners Cross-Respondents, v.
Clara M. SCHERER, Respondent Cross-Petitioner.
TEXT: KOGAN, Justice. We have for review Morales v. Scherer, 528 So.2d 1 (Fla. 4th DCA 1988),
base... against Morales was paid up to his liability and should be satisfied. Judgment for the
remaining $40,000 should be entered solely against the fund.
676-CITE: 481 So.2d 557 WESTERN WORLD INSURANCE COMPANY, Appellant, v. Marvene GLEAVES; James Gleaves
and Herndon Ambulance Company, Appellees.
TEXT: COBB, Chief Judge. This appeal raises the issue of the extent of coverage of a malpractice
i...nt. REVERSED. UPCHURCH, and SHARP, JJ., concur. ------------ (FN1) Novak v. Government
Employees Insurance Co., 424 So.2d 178 (Fla. 4th DCA 1983).
677-CITE: 603 So.2d 1331 H.J.M., M.D., and H.J.M., M.D., P.A., Petitioners, v. B.R.C. and R.H.C.,
Respondents.
TEXT: ZEHMER, Judge. H.J.M., M.D., and H.J.M., M.D., P.A., petition this court for a common law
wr...The petition for certiorari is, therefore, DENIED. SMITH and WEBSTER, JJ., concur.
------------ (FN5) See Section 458.3315(7)(a), Fla.Stat. (1991)
678-CITE: 493 So.2d 440 Howard FOLTA, et ux, Plaintiffs-Appellants, Cross-Appellees v. Joseph BOLTON,
M.D., et al., Defendants-Appellees, and Tarpon Springs General Hospital, Inc., etc.,
Defendant-Appellee, Cross-Appellant.
TEXT: PER CURIAM. Pursuant to Florida Rule of Appellate Procedure 9.150, the United States Court
o...hould not be allowed to recover prevailing party attorney s fees merely because they
successfully defended one allegation in a multicount complaint.
679-CITE: 519 So.2d 1107 Francisco PEREZ and Clinica Fatima, Inc., Appellants, v. CLAUDIO DIAZ, M.D.,
P.A., Appellee.
TEXT: PER CURIAM. This is an appeal by the defendants Clinica Fatima, Inc. and Francisco Perez
fro...s reversed, and the cause is remanded to the trial court with directions to deny the plaintiff
s motion for attorney s fees. Reversed and remanded.
680-CITE: 543 So.2d 372 Dolores RIERA, Appellant, v. FINLAY MEDICAL CENTERS HMO CORPORATION, Appellee.
TEXT: PER CURIAM. The plaintiff Dolores Riera appeals from a partially adverse declaratory decree
...imitation placed on the entitlement to fees *374 and costs by the trial court, and, accordingly,
said limitation is stricken. Affirmed as modified.
681-CITE: 573 So.2d 422 Ilya IOSILEVICH and David Iosilevich, Appellants, v. Rosemarie TESTA, Appellee.
TEXT: PER CURIAM. The only medical testimony presented by Rosemarie Testa in this personal injury
...d DCA 1974). Reversed and remanded with instructions to enter a judgment for the defendants in
accordance with their motion for a directed verdict.
682-CITE: 518 So.2d 988 VIGILANT INSURANCE COMPANY, Appellant, v. HUMANA OF FLORIDA, INC., Appellee.
TEXT: PER CURIAM. The appellee, Humana of Florida, Inc., entered into a settlement agreement with
...INST IT WHEN THE INSURANCE COMPANY HAS BEEN DETERMINED TO HAVE WRONGFULLY DENIED COVERAGE FOR
THE CLAIM? ANSTEAD, GUNTHER and STONE, JJ., concur.
683-CITE: 493 So.2d 1133 Gertrude KNUTSON and Gustav Knutson, her husband, Appellants, v. LIFE CARE
RETIREMENT COMMUNITIES, INC., d b a Abbey Delray South, etc., Appellee.
TEXT: DELL, Judge. Gertrude and Gustav Knutson appeal the entry of a summary judgment against
them...everse the summary judgment and remand for further proceedings consistent herewith. REVERSED
and REMANDED. HERSEY, C.J., and GUNTHER, JJ., concur.
684-CITE: 520 So.2d 601 PANTHER AIR BOAT CORPORATION, Appellant, v. MacMILLAN-BUCHANAN & KELLY INSURANCE
AGENCY, etc., Appellee.
TEXT: UPCHURCH, Chief Judge. In this appeal from final summary judgments the issue presented is
wh...Hillsborough County Expressway Authority v. K.E. Morris Alignment Service. Inc, 444 So.2d 926
(Fla.1983); Tyson v. Lanier, 156 So.2d 833 (Fla.1963).
685-CITE: 446 So.2d 186 Anthony MANIGLIA, M.D., and Jorge Macedo, M.D., Appellants, v. DEPARTMENT OF
PROFESSIONAL REGULATION, Board of Medical Examiners, Appellee.
TEXT: PER CURIAM. Appellants were charged by appellee in administrative complaints with
violations...apter or to a rule of the department or the board. *188 No reversible error having
been demonstrated, the orders appealed are affirmed. Affirmed.
686-CITE: 577 So.2d 635 SARASOTA COUNTY SCHOOL BOARD and Gallagher Bassett, Appellants Cross-Appellees,
v. Vera CASTAGNA, Appellee Cross-Appellant.
TEXT: BARFIELD, Judge. The employer servicing agent (ESA) appeal a workers compensation order
find...e matter is remanded for further proceedings consistent herewith. AFFIRMED in part, REVERSED
and REMANDED in part. NIMMONS and ALLEN, JJ., concur.
687-CITE: 748 So.2d 1106 Gary Mitchell NOWLIN, Appellant, v. Leo A. THOMAS, Appellee.
TEXT: PER CURIAM. We affirm the trial court s order dismissing Nowlin s complaint for legal
malpra...g the procedure outlined in Steele v. Kehoe, 747 So.2d 931 (Fla.1999). AFFIRMED. ERVIN
and JOANOS, JJ., and SMITH, LARRY G., Senior Judge, CONCUR.
688-CITE: 451 So.2d 972 Warren Lee TUCKER, Appellant, v. Enrique LAVERNIA, M.D., Lavernia, P.A., Florida
Patients Compensation Fund, Colonel Lee H. Tucker and Iris Tucker, his wife, Appellees. Colonel Lee
H. TUCKER and Iris Tucker, his wife, Appellants, v. Enrique LAVERNIA, M.D., Lavernia, P.A., and
Florida Patients Compensation Fund, Appellees.
TEXT: PER CURIAM. This appeal questions the propriety of two summary judgments entered in favor
of...te, 100 Wash.2d 421, 671 P.2d 230 (1983); Tarasoff v. Regents of the University of California,
17 Cal.3d 425, 131 Cal.Rptr. 14, 551 P.2d 334 (1976).
689-CITE: 696 So.2d 388 Michael DAUPHINEE, etc., Appellant, v. Mark A. WILSTRUP, M.D., OB & GYN
Specialists, P.A., et al., Appellees.
TEXT: COBB, Judge. The appellant, Michael Dauphinee, as personal representative of the estate of
R...inal judgment in favor of the other defendants. AFFIRMED IN PART, REVERSED IN PART, AND
REMANDED FOR NEW TRIAL. W. SHARP and GRIFFIN, JJ., concur.
690-CITE: 606 So.2d 665 Gregory ALLEN, etc., et al., Appellants, v. ORLANDO REGIONAL MEDICAL CENTER, et
al., Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a final order, the trial court having previously
gran...ts were given, that the statute of limitations does not bar this claim. Norsworthy, 598 So.2d
at 109. REVERSED. PETERSON and GRIFFIN, JJ., concur.
691-CITE: 609 So.2d 763 James H. BLOCK, Appellant, v. FIREMAN S FUND INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. This is an appeal from a final declaratory decree finding no liability
insurance...v. Liberty Mut. Ins. Co., 458 So.2d 71, 72 (Fla. 3d DCA 1984); Saha v. Aetna Casualty &
Sur. Co., 427 So.2d 316, 317 (Fla. 5th DCA 1983). Affirmed.
692-CITE: 513 So.2d 187 GREAT BAY DISTRIBUTORS and Gulf Insurance Company, Appellants, v. Craig N.
EVERETT, Appellee.
TEXT: ERVIN, Judge. The employer carrier (e c) raises two issues in this workers compensation
appe...provider and for such period as the nature of the injury or the process of recovery may
require. . . AFFIRMED. SMITH, C.J., and MILLS, J., concur.
693-CITE: 668 So.2d 695 CONTINENTAL CAN COMPANY and Florida Insurance Guaranty Association, Appellants,
v. William BAILEY, Appellee.
TEXT: ALLEN, Judge. The employer carrier appeal a workers compensation order by which the judge
aw...he claim should have been denied as untimely under section 440.19(1)(b). The appealed order is
therefore reversed. BARFIELD and DAVIS, JJ., concur.
694-CITE: 528 So.2d 135 MARRIOTT IN-FLIGHT SERVICES, etc., Appellants, v. Luis ARZA and Norma Arza, his
wife, Appellees.
TEXT: ON MOTION FOR REHEARING PER CURIAM. The appellants motion for rehearing is granted.
Pursuan...der Florida Rule of Civil Procedure 1.540(b)(1) or (b)(5), or otherwise, in accordance
with what Chambers has now established is the prevailing law.
695-CITE: 481 So.2d 509 Evelyn GLACE and Kenneth Glace, her husband, Appellants, v. The LOWER FLORIDA
KEYS HOSPITAL DISTRICT, d b a Florida Keys Memorial Hospital: Leon Hirzel, M.D.; and the Florida
Patient s Compensation Fund, Appellees.
TEXT: PER CURIAM. Assuming without deciding that the tax district hospital herein comes within
the...e final order under review is reversed and the cause is remanded to the trial court with
directions to reinstate the initial complaint filed herein.
696-CITE: 599 So.2d 111 Elois Posey CRUGER, etc., Petitioner, v. Douglas J. LOVE, M.D., Respondent.
TEXT: GRIMES, Justice. We review Love v. Cruger, 570 So.2d 362 (Fla. 4th DCA 1990), on the basis
o...y cannot collect this same material or information from the boards or committees. Otherwise, I
fully concur with the majority. SHAW, C.J., concurs.
697-CITE: 490 So.2d 76 William J. NORMAN and Carol Norman, his wife, Appellants, v. MANDARIN EMERGENCY
CARE CENTER, INC., R.D. House, and St. Paul Fire and Marine Insurance Company, Appellees.
TEXT: BARFIELD, Judge. The Normans appeal from a final judgment which reduced their award of
medic... the jury could lawfully find that plaintiff s negligence contributed to the damages
sustained. I would therefore affirm the judgment entered below.
698-CITE: 593 So.2d 1228 Charles NICHOLS, Appellant, v. RINKER MATERIALS CORP. and Liberty Mutual
Insurance Company, Appellees.
TEXT: PER CURIAM. Appellant appeals form a final order of the judge of compensation claims (JCC)
r...dical improvement. We reverse and remand on these issues, but affirm the order of the JCC in all
other respects. BOOTH, WOLF and KAHN, JJ., concur.
699-CITE: 541 So.2d 1232 Hugh SAWYER, Appellant, v. Richard T. EARLE, Jr., Appellee.
TEXT: RYDER, Judge. Hugh Safer appeals the dismissal of his legal malpractice complaint against
Ri... does not accrue until the underlying cause of action has been completed on appellate review.
AFFIRMED. SCHEB, A.C.J., and THREADGILL, J., concur.
700-CITE: 604 So.2d 923 Alan BLISS, as Personal Representative of the Estate of Maude Bliss, Deceased,
and as Personal Representative of The Estate of Reef Bliss, Deceased, Petitioner, v. Jorge BRODSKY,
M.D., Jorge Brodsky, M.D., P.A., a Florida corporation, Respondents.
TEXT: PER CURIAM. In this medical malpractice action, petitioner as plaintiff seeks a writ of
cert...eening process. Accordingly, we deny the petition for writ of certiorari. Petition denied.
DANAHY, A.C.J., and PARKER and ALTENBERND, JJ., concur.
701-CITE: 611 So.2d 68 Perry Emile COMEAU, Appellant, v. STATE of Florida, Appellee.
TEXT: JOANOS, Chief Judge. Appellant, Perry Emile Comeau, appeals a condition of probation
requiri...ring appellant to pay $1,765.04 as a condition of probation. The probation order is
affirmed in all other respects. ALLEN and WEBSTER, JJ., concur.
702-CITE: 653 So.2d 1030 Bernadette AMENTE, et al., Petitioners, v. Willie B. NEWMAN, M.D., et al.,
Respondents.
TEXT: GRIMES, Chief Justice. We review Newman v. Amente, 634 So.2d 305 (Fla. 5th DCA 1994),
becaus...ery. Furthermore, in addition to a civil suit by the non-party patients, the attorneys and
parties may be subject to sanctions imposed by the court.
703-CITE: 625 So.2d 846 Ronald K. WRIGHT, M.D., J.D., Petitioner, v. FLORIDA MEDICAL EXAMINERS
COMMISSION, et al., Respondents. Ronald K. WRIGHT, M.D., J.D., Petitioner, v. Lawton M. CHILES,
etc., Respondent.
TEXT: GRIMES, Justice. This is a petition for mandamus directed to the Governor of Florida and a
p... we deny the petition for prohibition. It is so ordered. BARKETT, C.J., and OVERTON, McDONALD,
SHAW and HARDING, JJ., concur. KOGAN, J., recused.
704-CITE: 544 So.2d 1158 Marie A. JOHNSON, et al., Appellants, v. DELUXE TIRE SERVICE, INC., et al.,
Appellees.
TEXT: ORFINGER, Judge. Marie Johnson and her husband Roy, plaintiffs below, appeal from a final
su...nown to her at the time of the accident, and the statute of limitations commenced to run at
that time. AFFIRMED. DAUKSCH and GOSHORN, JJ., concur.
705-CITE: 616 So.2d 1040 BROWARD COMMUNITY COLLEGE, Appellant, v. Michael SCHWARTZ and Gretchen
Schwartz, individually and as parents and natural guardians of James Schwartz, a minor, Appellees.
TEXT: OWEN, WILLIAM C., Jr., Senior Judge. Appellees, parents of thirteen year old James
Schwartz,...t shall order a remittitur consistent with the opinion of this court. Reversed and
remanded. DELL, J., and DOWNEY, JAMES C., Senior Judge, concur.
706-CITE: 459 So.2d 372 Johnnie SEWELL, Appellant, v. Leo Michael FLYNN, JR., M.D., Physicians
Protective Trust Fund, the Florida Medical Malpractice Joint Underwriters Association, and Florida
Patient s Compensation Fund, Appellees.
TEXT: WIGGINTON, Judge. The appeal and cross appeal are from a final summary judgment entered
agai...efendants motion for attorneys fees. REVERSED and REMANDED for further proceedings
consistent with this opinion. JOANOS and BARFIELD, JJ., concur.
707-CITE: 671 So.2d 273 Gisela YAKOFF, Appellant, v. MOUNT SINAI MEDICAL CENTER OF GREATER MIAMI, INC.,
d b a Mount Sinai Medical Center, a Florida corporation, Appellee.
TEXT: PER CURIAM. Affirmed. Buss Aluminum Prods., Inc. v. Crown Window Co., 651 So.2d 694 (Fla.
2d...fore NESBITT, LEVY and GERSTEN, JJ. TEXT: PER CURIAM. Affirmed. Buss Aluminum Prods., Inc.
v. Crown Window Co., 651 So.2d 694 (Fla. 2d DCA 1995).
708-CITE: 489 So.2d 51 Stanley FRANKOWITZ, D.O., and Sunrise Medical Group, P.A., Appellants, v. Myrtle
Eileen PROPST and Matthias J. PROPST, Appellees.
TEXT: FREDRICKA G. SMITH, Associate Judge. In this appeal, Dr. Frankowitz, defendant in a medical
...transaction or occurrence as the original complaint; that is, the failure of the medical group s
members to properly diagnose Mrs. Propst s illness.
709-CITE: 670 So.2d 192 John DOE, Appellant, v. Irwin POTASH, M.D., and Port of Miami Medical Clinic,
Inc., Appellees.
TEXT: PER CURIAM. In 1987, there was no prohibition against a physician discussing a patient s
med...ended section 455.241 in 1988 to include such a prohibition, we cannot *193 give retroactive
application to this amendment. Accordingly, we affirm.
710-CITE: 543 So.2d 302 Richard POPOVICH, Appellant, v. OVERLAND TRANSPORT and INA AETNA, Appellees.
TEXT: WIGGINTON, Judge. Appellant appeals the deputy commissioner s denial of his claim against
ap...r entry of an order awarding appellant an additional $4,420.80 payment from appellee. REVERSED
and REMANDED. SMITH, C.J., and SHIVERS, J., concur.
711-CITE: 532 So.2d 47 Harold J. TICKTIN, M.D., Appellant, v. DEPARTMENT OF PROFESSIONAL REGULATION,
Appellee.
TEXT: ON APPELLANT S PETITION FOR SUPERSEDEAS PENDING REVIEW NIMMONS, Judge. The appellant seeks
...gitimate emergency medical procedures for termination of pregnancy in the last trimester, and
another physician is not available for consultation.
712-CITE: 664 So.2d 989 Minouche NOEL, a minor, By and Through her natural guardians, Jean NOEL and
Flora Noel, Appellants, v. NORTH BROWARD HOSPITAL DISTRICT, etc., et al., Appellees.
TEXT: ON MOTION FOR REHEARING RAMIREZ, JUAN, Jr., Associate Judge. We grant appellee s,
Williams,...A. and remand the cause to the trial court for further proceedings. REVERSED IN PART,
AFFIRMED IN PART, and REMANDED. DELL and STONE, JJ., concur.
713-CITE: 506 So.2d 483 Sue A. HIGLEY and the Continental Insurance Company, Appellants, v. FLORIDA
PATIENT S COMPENSATION FUND, Appellee.
TEXT: ANSTEAD, Judge. This is an appeal from a consent final judgment in an action for
subrogation...AL MEMBER OF THE FUND ON WHOSE BEHALF THE FUND HAS PAID A CLAIM PREDICATED SOLELY
UPON THE EMPLOYEE S NEGLIGENCE? GUNTHER and STONE, JJ., concur.
714-CITE: 508 So.2d 372 John C. WOHLRABE, M.D., Appellant, v. STATE of Florida DEPARTMENT OF
PROFESSIONAL REGULATION, BOARD OF MEDICAL EXAMINERS, Appellee.
TEXT: PER CURIAM. Appellant appeals the order of the Department of Professional Regulation, Board
...hhold the issuance of our mandate in this proceeding until May 1, 1987. CAMPBELL, A.C.J., and
HALL, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.
715-CITE: 639 So.2d 1086 Gary W. ELDRED, Appellant, v. John C. REBER, et al., Appellees.
TEXT: PETERSON, Judge. Gary Eldred argues that the trial court incorrectly determined that the
sta...and DIAMANTIS, J., concur. ------------ (FN3) The committee notes to the rule make it clear
that lower tribunal includes a district court of appeal.
716-CITE: 562 So.2d 721 Marlene DATWANI, as Trustee, Appellant, v. Maitte R. NETSCH, et al., Appellees.
TEXT: NESBITT, Judge. This legal malpractice action was brought by the trustee of a land trust
aga..., the requirements of the relation back doctrine have been met. Accordingly, we reverse with
directions to grant the motion to amend the complaint.
717-CITE: 466 So.2d 356 Annette Y. MILLER, Appellant Cross-Appellee, v. Claude W. MILLER, Appellee
Cross-Appellant.
TEXT: FRANK D. UPCHURCH, Jr., Judge. The wife appeals from a final judgment of dissolution of
marr...lly, Thompson v. Thompson, 325 So.2d 480 (Fla. 4th DCA 1976). AFFIRMED in part and REVERSED
and REMANDED in part. ORFINGER and SHARP, JJ., concur.
718-CITE: 539 So.2d 1 PAN AMERICAN WORLD AIRWAYS and Travelers Insurance Co., Appellants, v. Herbert
SILVIOUS, Appellee.
TEXT: JOANOS, Judge. Pan American World Airways and Travelers Insurance Co. (E C) appeal from an
o...t DCA 1982). The award of future medical benefits is therefore stricken and the order, as thus
modified, is affirmed. BOOTH and MINER, JJ., concur.
719-CITE: 664 So.2d 1032 Anne PAUSHTER and Matthew Paushter, her husband, Appellants, v. SOUTH BROWARD
HOSPITAL DISTRICT, d b a Memorial Hospital, Appellee.
TEXT: PARIENTE, Judge. Plaintiffs appeal from a summary judgment granted in favor of defendant
Sou...al summary judgment in favor of the District, we also reverse the final judgment taxing costs.
REVERSED AND REMANDED. DELL and KLEIN, JJ., concur.
720-CITE: 571 So.2d 591 Rayna MYRON, a minor, by and through her parents and natural guardians, Sharon
Brock and Herbert B. Myron, and Sharon Brock and Herbert B. Myron, individually, Petitioners, v.
DOCTORS GENERAL, LTD., etc., et al., Respondents.
TEXT: DOWNEY, Judge. Petitioners seek certiorari review of orders of the trial court which direct
...ions to their admissibility must await the trial setting and the trial judge s rulings thereon.
Certiorari denied. POLEN and GARRETT, JJ., concur.
721-CITE: 544 So.2d 1031 Michael J. SOLIMANDO, Sr., as Personal Representative of the Estate of Marion
Solimando, Deceased, Appellant, v. INTERNATIONAL MEDICAL CENTERS, H.M.O., a federally qualified
health maintenance organization (a k a Tampa Regional H.M.O.), d b a Aloha Medical Center and d b a
Jasmine Medical Center, William J. Young, M.D., Dan Conrado, M.D., J.H. Rosoff, D.D.S. and J.H.
Rosoff, D.D.S., P.A., Jack R. Lund, D.O. and Jack R. Lund, D.O., P.A., Gajanan A. Kulkarni, M.D.,
and Khoi X. Dam, M.D., Appellees.
TEXT: PATTERSON, Judge. The personal representative of the estate of Marion Solimando appeals the
...TION OR, MAY THE LACK OF SUCH NOTICE BE EXCUSED BY A SHOWING OF ESTOPPEL OR WAIVER? Reversed
and remanded. DANAHY, A.C.J., and LEHAN, J., concur.
722-CITE: 549 So.2d 1098 Herman H. HERTZOG, Appellant, v. CALIFORNIA PLANT PROTECTION PINKERTON S, INC.
and The Hartford Group, Appellees.
TEXT: ZEHMER, Judge. Herman Hertzog, claimant, appeals a workers compensation order dismissing
his...diction to determine the issue of liability for past medical expenses. In all other respects
the order is affirmed. ERVIN and NIMMONS, JJ., concur.
723-CITE: 632 So.2d 143 Susan RYDSTROM, Appellant, v. BAYFRONT MEDICAL CENTER, Appellee.
TEXT: HALL, Judge. Susan Rydstrom appeals from the final judgment finding her liable to Bayfront
M...reverse the final judgment entered in favor of Bayfront and remand with directions consistent
with this opinion. PARKER and PATTERSON, JJ., concur.
724-CITE: 711 So.2d 573 Dan D. DRISCOLL, Appellant, v. David A. SHARP, Appellee.
TEXT: NORTHCUTT, Judge. Dan Driscoll challenges the circuit court s order dismissing his legal
mal...sion in light of its discretion. Reversed and remanded for further proceedings. BLUE,
A.C.J., and FICARROTTA, GASPER, J., Associate Judge, concur.
725-CITE: 583 So.2d 798 CERTIFIED GROCERS and Sedgwick James of Florida, Inc., Appellants, v. Raymon A.
LAWSON, Appellee.
TEXT: WIGGINTON, Judge. Appellants, employer carrier (E C), appeal the judge of compensation
claim...llee permanent total disability benefits. REVERSED and REMANDED for further proceedings
consistent with this opinion. ALLEN and WOLF, JJ., concur.
726-CITE: 695 So.2d 924 Daniel I. WINCOR, Appellant, v. CEDARS HEALTHCARE GROUP, LTD., d b a Cedars
Medical Center, Appellee.
TEXT: PARIENTE, Judge. The sole issue we address in this non-final appeal by appellant, Daniel
Win...f justice. See Tucker, 484 So.2d at 1372 n. 4. REVERSED AND REMANDED FOR PROCEEDINGS
CONSISTENT WITH THIS OPINION. SHAHOOD and GROSS, JJ., concur.
727-CITE: 504 So.2d 1367 George Frederick ATWELL, Appellant, v. SACRED HEART HOSPITAL OF PENSACOLA and
Sister Mary Carroll, Administrator, Appellee.
TEXT: JOANOS, Judge. Appellant George Frederick Atwell (Atwell) seeks review of a trial court
orde...nt or the agency which prepared the preliminary study, or the department if no such study
was prepared, concerning the advisability of disclosure.
728-CITE: 711 So.2d 141 Lazaro RELOBA, Appellant, v. WESTSIDE SANITATION, INC., and Florida Unemployment
Appeals Commission, Appellees.
TEXT: PER CURIAM. Lazaro Reloba appeals an order denying him unemployment benefits. He did not
att...he order denying unemployment compensation benefits is affirmed. See Rodz v. Merchandise
Servs., Inc., 689 So.2d 1301 (Fla. 3d DCA 1997). Affirmed.
729-CITE: 553 So.2d 168 Linda K. PADDOCK, Petitioner, v. Chawallur DeVassy CHACKO, M.D., Respondent.
TEXT: PER CURIAM. On September 8, 1988, this court entered its order accepting jurisdiction to
rev...rovider as being acceptable under similar conditions and circumstances. (FN2) The status of
Dr. Chacko as Mrs. Paddock s physician is not disputed.
730-CITE: 563 So.2d 116 Edwin OBANDO, Appellant, v. FORTUNE INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. We affirm the trial court order denying relief in a declaratory suit seeking
att...ees Ins. Co. v. Battaglia, 503 So.2d 358 (Fla. 5th DCA 1987); Great Southwest Fire Ins. Co. v.
DeWitt, 458 So.2d 398 (Fla. 1st DCA 1984). Affirmed.
731-CITE: 483 So.2d 463 OLD TIMERS RESTAURANT AND LOUNGE, INC., d b a Old Timers Restaurant and Lounge,
Appellant, v. STATE of Florida, DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES
AND TOBACCO, Appellee.
TEXT: ON MOTION TO STAY PER CURIAM. Appellant moves to stay an order revoking its alcoholic
bever...e stay. For the foregoing reasons, the appealed order is stayed until final disposition of
this cause. THOMPSON, ZEHMER and BARFIELD, JJ., concur.
732-CITE: 702 So.2d 1356 Danette WASHINGTON, Appellant Cross-Appellee, v. ORANGE COUNTY SCHOOL BOARD and
United Self-Insured Services, Appellees Cross-Appellants.
TEXT: BARFIELD, Chief Judge. The claimant appeals, and the employer servicing agent (E SA)
cross-a...ised on appeal and the issue raised on cross-appeal are without merit. Accordingly, the
order on appeal is AFFIRMED. ERVIN and BENTON, JJ., concur.
733-CITE: 519 So.2d 49 CASTLE GARDEN EXXON and the Fire & Casualty Insurance Company of Connecticut c o
Orion Group, Appellants, v. Joseph CAMPBELL and the Division of Workers Compensation, Department of
Labor & Employment Security, State of Florida, Appellees.
TEXT: WIGGINTON, Judge. Before us is a workers compensation appeal wherein the parties, after the
...ttorney. See Section 440.34(3)(c), Fla.Stat. (1983). Claimant shall also be entitled to fees on
appeal. AFFIRMED. BOOTH and BARFIELD, JJ., concur.
734-CITE: 718 So.2d 935 Cathy LIOTTA, Appellant, v. PUBLIX SUPERMARKET and Publix Risk Management,
Appellees.
TEXT: PER CURIAM. After Cathy Liotta slipped and fell at work, she sought temporary partial
disabi...appealable. Id. [A]n appeal from such an order will be dismissed for lack of jurisdiction.
Id. Dismissed. BOOTH, BENTON and PADOVANO, JJ., concur.
735-CITE: 550 So.2d 15 Darryl ELLIS, Appellant, v. Bruce WEISBROT, D.D.S., Appellee.
TEXT: PER CURIAM. Darryl Ellis appeals from a final judgment entered on a jury verdict finding no
...ility, is clear error and requires reversal. Ashby, 458 So.2d at 337; City of Coral Gables, 186
So.2d at 63. Reversed and remanded for a new trial.
736-CITE: 432 So.2d 169 Peggy L. PARKER, Appellant, v. The LOWER FLORIDA KEYS HOSPITAL DISTRICT, d b a
Florida Keys Memorial Hospital, Argonaut Insurance Company, and United States Fidelity and Guaranty
Company, Appellees.
TEXT: FERGUSON, Judge. This appeal is brought from a summary final judgment entered for the
defend...brought, all depositions lawfully taken in a medical liability mediation proceeding may be
used in the civil action as if originally taken for it.
737-CITE: 475 So.2d 980 NORTH SHORE MEDICAL CENTER; Hialeah Hospital and Gates McDonald, and Fred James
& Company, Appellants, v. Eloise SAPP, and Division of Worker s Compensation, Appellees.
TEXT: PER CURIAM. The employer carrier appeals the deputy commissioner s award of temporary
partia... the award of temporary partial disability is REVERSED. The order appealed is otherwise
Affirmed. BOOTH, C.J., and NIMMONS and ZEHMER, JJ., concur.
738-CITE: 743 So.2d 1125 Joy FRIEDRICH, Appellant, v. STATE of Florida, Appellee.
TEXT: GUNTHER, J. The defendant appeals her convictions and sentences for DUI-manslaughter and
DUI... records exception in the present case. Accordingly, we affirm the defendant s convictions and
sentences. AFFIRMED. DELL and HAZOURI, JJ., concur.
739-CITE: 525 So.2d 994 Nelle S. LANDRUM, Petitioner, v. TALLAHASSEE MEMORIAL REGIONAL MEDICAL CENTER,
INC., a Florida corporation, formerly d b a Behavioral Medical Center; Julius David Moore, M.D., a k
a J. David Moore, M.D.; and J. David Moore, M.D., P.A., a Florida professional service corporation,
Respondents.
TEXT: ZEHMER, Judge. Petitioner, Nelle Landrum, petitions for a writ of certiorari to review an
in... C.J., and JOANOS, J., concur. ------------ (FN1) According to petitioner s reply brief,
respondents have already taken these witnesses depositions.
740-CITE: 701 So.2d 557 David FORGIONE, etc., Appellant, v. DENNIS PIRTLE AGENCY, INC., etc., et al.,
Appellees.
TEXT: HARDING, Justice. We have for review the following question of Florida law certified by the
...other business professionals. All business professionals should be treated the same. KOGAN,
C.J., and SHAW, GRIMES, WELLS and ANSTEAD, JJ., concur.
741-CITE: 659 So.2d 1393 Rose Marie MONTANTE, Appellant Cross-Appellee, v. Philip J. MONTANTE, Jr.,
Appellee Cross-Appellant.
TEXT: GUNTHER, Chief Judge. Appellant, Rose Marie Montante (Former Wife), petitioner below,
appeal...on Behalf of Cowick v. Ledford, 621 So.2d 682 (Fla. 4th DCA 1993). AFFIRMED IN PART;
REVERSED IN PART AND REMANDED. WARNER and POLEN, JJ., concur.
742-CITE: 504 So.2d 64 Carol Ann SPONENBERG, Appellant, v. HAROLD S. STRASSER, M.D., P.A., Estate of
Harold S. Strasser, deceased, and Florida Patient s Compensation Fund, Appellees.
TEXT: DOWNEY, Judge. Appellant, Carol Ann Sponenberg, presents this appeal from an order of the
tr...n of a jury verdict. Id. Accordingly, this appeal is dismissed for lack of jurisdiction.
STONE, J., and RIVKIND, LEONARD, Associate Judge, concur.
743-CITE: 605 So.2d 998 Sheila CUKER and Robert Cuker, her husband, Appellants, v. HILLSBOROUGH COUNTY
HOSPITAL AUTHORITY d b a Tampa General Hospital, Appellee.
TEXT: THREADGILL, Judge. Appellants, Sheila Cuker and Robert Cuker, plaintiffs below, challenge a
... sets forth criteria to be met for the subsection to apply. This amendment becomes effective on
October 1, 1992, and therefore is inapplicable here.
744-CITE: 642 So.2d 815 Cody ALLEN, Appellant, v. STATE of Florida, Appellee.
TEXT: DAVIS, Judge. Cody Allen appeals that portion of his judgment and sentence imposing a
condit...und by terms of plea contracts entered into after extensive negotiations as to both guilt
and sentence). AFFIRMED. ALLEN and WEBSTER, JJ., concur.
745-CITE: 672 So.2d 604 Karen Lee ZUCKER, Appellant, v. Robert W. ZUCKER, Appellee.
TEXT: POLEN, Judge. In case number 94-1153, Karen Lee Zucker appeals from a final judgment of
diss...the court shall apportion the cost of coverage to both parties by adding the cost to the
basic obligation determined pursuant to Section 61.30(6).
746-CITE: 528 So.2d 1228 Gordon R. DAVEY, Personal Representative of the Estate of Betty Rae Davey,
Deceased, Appellant, v. NEW YORK LIFE INSURANCE COMPANY, Appellee.
TEXT: TOBIN, DAVID L., Associate Judge. Gordon R. Davey, as personal representative of the estate
...So.2d 1150 (Fla.1980); Turner v. Turner, 383 So.2d 700 (Fla. 4th DCA), rev. denied, 392 So.2d
1381 (Fla.1980). GLICKSTEIN and GUNTHER, JJ., concur.
747-CITE: 443 So.2d 497 W. Benjamin KYLE, Appellant, v. Willie James McFADDEN, as Personal
Representative of the survivors of Willie James Boggs, Deceased, Appellee.
TEXT: WENTWORTH, Judge. This is an appeal from a directed verdict against appellant, the
defendant...resented we conclude the directed verdict is not reversible on the grounds urged by
appellants. Affirmed. LARRY G. SMITH, and JOANOS, JJ., concur.
748-CITE: 564 So.2d 160 Alexander GIARRUSSO, Appellant, v. AMICA MUTUAL INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. Appellant s vehicle was insured by Nationwide. Appellant s wife s vehicle was
in...is to invalidate the express language of the parties insurance contract. GLICKSTEIN, and DELL,
JJ., and MICHAEL H. SALMON, Associate Judge, concur.
749-CITE: 442 So.2d 982 The MIAMI HERALD PUBLISHING COMPANY, Appellant, v. Robert P. FRANK, Appellee.
TEXT: PER CURIAM. Challenging a jury verdict and the ensuing final judgment entered in a libel
act...instructing the jury that they may consider the prior verdict misled and confused the jury. I
would, therefore, reverse and remand for a new trial.
750-CITE: 701 So.2d 1228 Alan P. STEPT and Edythe E. Eisenberg, individually and as residuary
beneficiaries of the revocable Living Trust created by Samuel Stept and Celia Stept, Appellants, v.
August C. PAOLI and Charles E. Paoli, Jr., individually and as Co-Partners, d b a Paoli & Paoli,
Appellees.
TEXT: DAKAN, STEPHEN L., Associate Judge. Appellants, Alan Stept and Edythe E. Eisenberg, were
the... we see no reason to expand the limited privity exception and reject Appellants invitation to
do so. AFFIRMED. STONE, C.J., and GROSS, J., concur.
751-CITE: 538 So.2d 895 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Andy ZUCKERMAN,
Appellee.
TEXT: GUNTHER, Judge. State Farm Mutual Automobile Insurance Company (State Farm) appeals a
summar...e affirm the final judgment awarding Zuckerman 20% of his medical expenses for a total
amount of $2,241.80. AFFIRMED. LETTS and DELL, JJ., concur.
752-CITE: 619 So.2d 1049 Kenneth B. SCOTT, Appellant, v. Jeffrey B. MORRIS, Appellee.
TEXT: PER CURIAM. The appellant s malpractice action was properly dismissed with prejudice, as it
...his regard. See Roehner v. Atlantic Coast Development Corp., 356 So.2d 1296 (Fla. 4th DCA 1978).
Affirmed. ZEHMER, ALLEN and WEBSTER, JJ., concur.
753-CITE: 692 So.2d 947 Lawrence ROBBINS, M.D., Appellant, v. Cheryl NEWHALL, Appellee.
TEXT: COPE, Judge. Defendant-appellant Lawrence Robbins, M.D. appeals an adverse final judgment
in...For the reasons stated, the final judgment is reversed and the cause remanded for entry of
judgment in favor of Dr. Robbins. Reversed and remanded.
754-CITE: 616 So.2d 523 Daniel CONLEY, Appellant, v. SHUTTS & BOWEN, P.A., and Mark Bisbing, Appellees.
TEXT: PER CURIAM. Daniel Conley appeals an order dismissing with prejudice a legal malpractice
act...er paid the tax liability. While this information was not given to the trial court, it
illustrates that granting leave to amend would not be futile.
755-CITE: 564 So.2d 150 Mary Rose SULLIVAN, Appellant, v. Rosario A. MUSELLA, M.D., and R.A. Musella,
M.D., F.A.C.S., P.A., Appellees Cross-Appellants, v. John E. SULLIVAN, Cross-Appellee.
TEXT: ALTENBERND, Judge. Mary Rose Sullivan appeals a final order granting proceedings
supplementa...2d 181 (Fla. 1st DCA 1978) (proceedings supplementary are a continuation of the same
proceeding). Affirmed. FRANK, A.C.J., and PARKER, J., concur.
756-CITE: 715 So.2d 289 RYDER TRUCK RENTAL, INC., Appellant, v. Gloria PEREZ, Appellee.
TEXT: PER CURIAM. Ryder Truck Rental, the defendant below, appeals from a final judgment in a
negl....2d 858 (Fla.1984), superseded in part by statute, section 440.13(2), Florida Statutes
(1988); see also Acosta v. Richter, 671 So.2d 149 (Fla.1996).
757-CITE: 579 So.2d 160 Annie M. PRESSLEY, Appellant, v. Joseph S. FARLEY, Jr., Appellee.
TEXT: PER CURIAM. Ms. Pressley appeals, pro se, from the final judgment dismissing her amended
com...for that reason also. E.g., Maillard v. Dowdell, 528 So.2d 512 (Fla. 3d DCA 1988). AFFIRMED.
SHIVERS, C.J., and WIGGINTON and ZEHMER, JJ., concur.
758-CITE: 549 So.2d 1111 CHASE MEDICAL GROUP, d b a Palmetto Medical Center, Appellant, v. PALMETTO
CLINIC CENTER, and Mario O. Jungman, individually, Appellee.
TEXT: NESBITT, Judge. This is an appeal from an order denying temporary injunctive relief in a
ser... matter of law. For the foregoing reasons, the order denying the motion for a temporary
injunction is reversed with directions to grant the motion.
759-CITE: 507 So.2d 146 Sarajo L. RANPURA, M.D., Petitioner, v. DEPARTMENT OF PROFESSIONAL REGULATION,
BOARD of MEDICAL EXAMINERS; and Diane D. Tremor, Hearing Officer, Division of Administrative
Hearings, State of Florida, Respondents.
TEXT: WENTWORTH, Judge. Petitioner seeks review of an administrative order by which the hearing
of...oceeding below by order of the hearing officer. *148 The order appealed is reversed and the
cause remanded. SMITH, C.J., and SHIVERS, JJ., concur.
760-CITE: 509 So.2d 367 ST. JOHN S HOME HEALTH AGENCY, Appellant, v. DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES, Mt. Sinai Medical Center and Miami Jewish Home and Hospital for the Aged
Home Health Agency, Inc., and Medical Personnel Pool, Inc., Appellees.
TEXT: PER CURIAM. This cause is before us on appeal from an order entered by the Department of
Hea...e also find the final order is supported by competent, substantial evidence. Accordingly, we
affirm. BOOTH, C.J., and ERVIN and SMITH, JJ., concur.
761-CITE: 702 So.2d 610 Edward LENAHAN, Appellant, v. RUSSELL L. FORKEY, P.A., Appellee.
TEXT: PARIENTE, Judge. The issue on appeal is whether, based on the client s dismissal of a
relate...iciable issue of fact as to the element of redressable harm, the summary judgment must be
reversed. REVERSED. STONE, C.J., and WARNER, J., concur.
762-CITE: 545 So.2d 1384 Kurt LINDBERG and Mary Lindberg, his wife, Appellants, v. HOSPITAL CORPORATION
OF AMERICA, d b a Doctor s Hospital of Lake Worth, Robert K.T. Liem, M.D., and Robert K.T. Liem,
M.D., P.A., Jaime Alalu, M.D., and Jaime Alalu, M.D., P.A., Bernard Cheong, M.D., and Bernard
Cheong, M.D., P.A., Appellees.
TEXT: WARNER, Judge. Kurt and Mary Lindberg appeal the trial court s order dismissing their
medica...57 while denying that same defense to the sovereign. Id. at 1033-34 (citations omitted).
Finally, I agree that the question needs to be certified.
763-CITE: 511 So.2d 670 CITY OF MIAMI BEACH and Southern Fire Adjusters, Appellants, v. Charles
GARABEDIAN, Appellee.
TEXT: MILLS, Judge. The claimant in this workers compensation appeal was involved in an
industrial...bursement for compensation benefits is AFFIRMED; the denial of reimbursement for
medical benefits is REVERSED. WENTWORTH and BARFIELD, JJ., concur.
764-CITE: 714 So.2d 539 Samuel HERNANDEZ, et al., Appellants, v. AMISUB (AMERICAN HOSPITAL), INC., a
Texas corporation, d b a A.M.I. Kendall Regional Medical Center, Appellee.
TEXT: NESBITT, Judge. The plaintiffs below, Samuel Hernandez and Elizette Hernandez (collectively
... and intentional misrepresentation--that is, certain deposition testimony regarding the hospital
s operating room policy and the pad count document.
765-CITE: 700 So.2d 723 Carrie Hargis ROBINSON, an infant under the age of eighteen years who sues by
her mother and next friend, Shirley Hargis, Appellants, v. Leroy H. MERKLE, Jr., as personal
representative of the Estate of Carmelo L. Terlizzi, M.D., deceased, Appellee.
TEXT: QUINCE, Judge. Carrie Hargis Robinson, by and through her mother and next friend, Shirley
Ha... We reverse the trial court s order dismissing the cause of action and certify the question
stated above. FRANK, A.C.J., and PATTERSON, J., concur.
766-CITE: 580 So.2d 217 Marcella S. BENNETT, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE
COMPANY, Appellee.
TEXT: RYDER, Judge. Appellant, Marcella Bennett (Bennett), contends that the trial court erred
whe... the trial court order State Farm to reapportion Bennett s claim. Reversed and remanded with
instructions. SCHOONOVER, C.J., and HALL, J., concur.
767-CITE: 568 So.2d 492 METROPOLITAN DADE CO., Self-Insured, Appellant, v. Gladys MOSS, Appellee.
TEXT: JOANOS, Judge. Metropolitan Dade County has appealed an order of the judge of compensation
c...other respects, the order appealed is affirmed. Affirmed in part, reversed in part and remanded
with directions. WENTWORTH and ALLEN, JJ., concur.
768-CITE: 528 So.2d 95 Dorothy Olsteen JACKSON and Phillip Maskell Jackson, her husband, Appellants, v.
Robert S. LYTLE, Jr., and Robert S. Lytle, Jr., D.P.M., P.A., and Robert D. Yant, and Robert D.
Yant, D.P.M., P.A., Appellees.
TEXT: WIGGINTON, Judge. The Jacksons appeal a final order dismissing with prejudice their medical
...e fourth amended complaint against Dr. Yant and Robert D. Yant, D.P.M., P.A., be reinstated.
REVERSED and REMANDED. MILLS and SHIVERS, JJ. concur.
769-CITE: 511 So.2d 1091 Ulises TAMAYO, a minor, By and Through his parents and next friends, Ulises
TAMAYO and Rosario Estevez and Ulises Tamayo and Rosario Estevez, individually, Appellants, v. MIAMI
CHILDREN S HOSPITAL, Appellee.
TEXT: PER CURIAM. This is an appeal by the plaintiffs from a trial court order awarding them
attor...pt that the court-awarded fee may exceed the fee set by the contingency fee agreement
between the plaintiff and his counsel. Reversed and remanded.
770-CITE: 724 So.2d 176 Irene CUNNINGHAM, etc., Appellant, v. Gary L. LOWERY, M.D., et al., Appellees.
TEXT: GRIFFIN, C.J. This is the appeal of an order dismissing a medical malpratice action based
on...enough to conclude that the statute of limitations had expired when the suit was filed.
REVERSED and REMANDED. PETERSON and THOMPSON, JJ., concur.
771-CITE: 744 So.2d 1153 WALTON REGIONAL HOSPITAL, Appellant, v. Linda YELL and Danny Yell, Appellees.
TEXT: LAWRENCE, J. Walton Regional Hospital (hospital) appeals a medical negligence arbitration
aw...rmination and assessment by the arbitration panel of a reasonable attorney s fee for the
appellees on appeal. JOANOS and VAN NORTWICK, JJ., CONCUR.
772-CITE: 528 So.2d 69 Walter BARNES, Jr., Appellant, v. STATE of Florida, Appellee.
TEXT: BLOOM, PHILIP, Associate Judge. This is an appeal from convictions of manslaughter by
intoxi...r manslaughter by culpable negligence, but the remainder of the judgment of conviction and
sentence is affirmed. GLICKSTEIN and STONE, JJ., concur.
773-CITE: 589 So.2d 334 Antonio Jose BALLAGAS, Appellant, v. John Harlan SCOTT and Shawnice Scott,
Appellees.
TEXT: ALLEN, Judge. The appellant challenges an order granting a new trial on the issue of
damages...the court may reconsider this question on remand. The order granting a new trial is
reversed, and the cause remanded. BOOTH and MINER, JJ., concur.
774-CITE: 497 So.2d 726 CONTINENTAL CASUALTY COMPANY, Appellant, v. FIRST ARLINGTON INVESTMENT
CORPORATION, Appellee.
TEXT: HALL, Judge. An insurance company appeals a final judgment for the insured in a declaratory
...ed, or should have provided, to the two clients. Accordingly, the final judgment for Arlington
is affirmed. GRIMES, A.C.J., and RYDER, J., concur.
775-CITE: 524 So.2d 671 FLORIDA PATIENT S COMPENSATION FUND, Appellant, v. Harriet R. SITOMER, Robert B.
Smith M.D., et al., Appellees. Robert B. SMITH, M.D., Appellant, v. Harriet R. SITOMER, et al.,
Appellees. Robert B. SMITH, M.D., and Robert B. Smith, M.D., P.A., Appellants, v. Harriet R.
SITOMER, Appellee.
TEXT: DOWNEY, Judge. Appellee, Harriet Sitomer (Sitomer), sued appellant, Dr. Robert Smith
(Smith)... 10, 1988, is corrected to provide for said attorney s fees in the amount of $398,317. In
all other respects the petitions for rehearing are denied.
776-CITE: 637 So.2d 360 CIRCLE K CORPORATION and Gallagher Bassett Services, Inc., Appellants, v. Joan
LACKEY, Appellee.
TEXT: WEBSTER, Judge. In this workers compensation case, the employer and servicing agent seek
rev...1st DCA 1993); Gulf Life Ins. v. Mullaly, 566 So.2d 873 (Fla. 1st DCA 1990). REVERSED and
REMANDED, with directions. MINER and DAVIS, JJ., concur.
777-CITE: 731 So.2d 63 Caridad GONZALEZ, etc., Appellant, v. Angel VELOSO, M.D., et al., Appellees.
TEXT: SCHWARTZ, Chief Judge. The plaintiff below appeals from an order on her application for
atto...le only when a reasonable offer is not accepted under Section 768.79, an eventuality which
obviously cannot be anticipated when counsel is obtained.
778-CITE: 451 So.2d 1054 Douglas Bret WHIPPLE, M.D., Appellant, v. DEPARTMENT OF PROFESSIONAL
REGULATION, BOARD OF MEDICAL EXAMINERS, Appellee.
TEXT: PER CURIAM. Affirmed on the authority of Rush v. Department of Professional Regulation,
Boar...hority of Rush v. Department of Professional Regulation, Board of Podiatry, 448 So.2d 26,
(Fla. 1st DCA, 1984) LETTS, HURLEY and DELL, JJ., concur.
779-CITE: 520 So.2d 653 CORAL GABLES HOSPITAL, INC., Appellant, v. Jose S. ZABALA and Grizell Zabala,
his wife, Appellees.
TEXT: PER CURIAM. Coral Gables Hospital brings this appeal from an adverse judgment in a medical
m... jury to put itself in plaintiffs position mandate new trial), and is required in this case.
Reversed and remanded for a new trial on damages only.
780-CITE: 653 So.2d 440 SOUTH MEDICAL SERVICES, INC., Appellant, v. STATE of Florida, AGENCY FOR HEALTH
CARE ADMINISTRATION, Appellee.
TEXT: PER CURIAM. South Medical Services, Inc., appeals a final order issued by the Agency for
Hea...ding the termination of South Medical from the Medicaid program and the imposition of
administrative fines. Affirmed in part, and reversed in part.
781-CITE: 551 So.2d 593 James Clinton VAN METRE, Appellant, v. Judith Susan VAN METRE, Appellee.
TEXT: PER CURIAM. Appellant husband raises four issues in his challenge of a final judgment of
dis...edical expenses not covered by insurance. Affirmed in part, reversed in part and remanded.
CAMPBELL, C.J., and DANAHY and THREADGILL, JJ., concur.
782-CITE: 445 So.2d 1015 Emily GOODING, as personal representative of the Estate of T. Hagood Gooding,
deceased, Petitioner, v. UNIVERSITY HOSPITAL BUILDING, INC., d b a Memorial Hospital of
Jacksonville, etc., Respondent.
TEXT: McDONALD, Justice. This case is before us to review a district court decision, University
Ho...a future case meeting the standard for recovery. It is so ordered. ALDERMAN, C.J., and BOYD,
OVERTON and SHAW, JJ., concur. ADKINS, J., dissents.
783-CITE: 745 So.2d 405 CENTRAL MAGNETIC IMAGING, etc., Appellant, v. STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, Appellee.
TEXT: JORGENSON, J. A medical provider appeals an order dismissing its complaint for statutory
att...wer the certified question in the affirmative and reverse the trial court s dismissal of the
medical provider s complaint with prejudice. REVERSED.
784-CITE: 475 So.2d 666 Megan MOORE, et al., Petitioners, v. Chester MORRIS, et al., Respondents.
TEXT: ADKINS, Justice. We have before us petition to review a decision of the Third District
Court... trial court for further proceedings. It is so ordered. BOYD, C.J., and OVERTON, McDONALD,
EHRLICH and SHAW, JJ., concur. ALDERMAN, J., dissents.
785-CITE: 475 So.2d 719 HCA OF FLORIDA, INC., d b a Doctors Hospital of Sarasota, Petitioner, v. Gary R.
COOPER, M.D., Respondent.
TEXT: PER CURIAM. This cause is before us on petition for a writ of certiorari seeking review of
a...ordingly, the petition for writ of certiorari is granted, and the discovery order below is
quashed. BOOTH, C.J., and MILLS and JOANOS, JJ., concur.
786-CITE: 539 So.2d 1178 Ismael PEREZ, Appellant, v. Martha M. PEREZ, Appellee.
TEXT: SHIVERS, Judge. Appellant husband appeals from a final judgment of dissolution of marriage
d.... 5th DCA 1985); Jordan v. Jordan, 389 So.2d 1258 (Fla. 1st DCA 1980). AFFIRMED in part,
REVERSED, and REMANDED. ZEHMER and BARFIELD, JJ., concur.
787-CITE: 588 So.2d 678 Fausto VILLAR, Appellant, v. Raul V. PEREIRAS, Jr., M.D., Appellee.
TEXT: GODERICH, Judge. The plaintiff, Fausto Villar, appeals from a final judgment entered in
favo...aft, Villar s attorney s closing argument did not mislead the jury, and therefore, the
requested jury instruction was neither necessary nor invited.
788-CITE: 728 So.2d 1213 ARVIDA RIVER HILLS COUNTRY CLUB and Zurich-American Insurance Group,
Appellants, v. Joan T. VAN SLYKE, Appellee.
TEXT: DAVIS, J. Arvida River Hills Country Club and Zurich American Insurance Group (employer and
...rk.Comp.P. 4.085(h); cf. Helmsman Mgmt. Servs. v. Garner, 725 So.2d 1188 (Fla. 1st DCA 1998).
Accordingly, we AFFIRM. ERVIN and ALLEN JJ., CONCUR.
789-CITE: 503 So.2d 432 Orlando J. ZALDIVAR, M.D., Appellant, v. DEPARTMENT OF PROFESSIONAL REGULATION,
BOARD OF MEDICAL EXAMINERS, Appellee.
TEXT: PER CURIAM. This is an appeal from a final administrative order of the Florida Board of
Medi...its reasons is entirely met. Section 120.57(1)(b)(9), Fla.Stat.(1985). Explicit record
citations were therefore unnecessary in this case. Affirmed.
790-CITE: 439 So.2d 1389 Joseph P. INGLETT, Appellant, v. Flora Flo INGLETT, Appellee.
TEXT: ZEHMER, Judge. Joseph P. Inglett, the husband, appeals from a final judgment of dissolution
... part, REVERSED in part, and REMANDED with directions to modify the final judgment in accordance
with this opinion. MILLS and SHIVERS, JJ., concur.
791-CITE: 705 So.2d 1356 Samuel G. CROSBY, et aL, Petitioners, v. Patricia Jane JONES, et al.,
Respondents.
TEXT: OVERTON, Justice. We have for review Jones v. Crosby, 677 So.2d 379 (Fla. 2d DCA 1996), in
w...dered the advice; thus the attorney had the duty to inform the client that issue would soon be
decided by a higher court. That is not the case here.
792-CITE: 536 So.2d 1177 Michael E. DAM, Appellant, v. HEART OF FLORIDA HOSPITAL, INC., a Florida
nonprofit corporation, Mary T. Erde, Guillermo Allende, Robert E. Lee, Frank Thornton, Frank Snydle,
and David Green, Sr., Appellees.
TEXT: SCHEB, Acting Chief Judge. Appellant, Michael E. Dam, M.D., argues that the trial court
erre... So.2d 620 (Fla. 3d DCA 1987); Englander v. St. Francis Hosp., Inc. 506 So.2d 422 (Fla. 3d
DCA 1986). AFFIRMED. SCHOONOVER and FRANK, JJ., concur.
793-CITE: 626 So.2d 1095 CITY OF TAMPA and Alexsis Management Services, Appellants, v. David COSTELLO,
Appellee.
TEXT: PER CURIAM. Employer, City of Tampa, raises one issue on appeal: Whether there is competent
...e reverse as to the issue on cross appeal, and order the E C to pay claimant s out-of-pocket
medical expenses. ERVIN, JOANOS and WOLF, JJ., concur.
794-CITE: 627 So.2d 104 SLIM-FAST FOODS COMPANY and Thompson Medical Company, Inc., Petitioners, v.
Harry David BROCKMEYER, as Personal Representative of the Estate of Jimi Jean Brockmeyer, Deceased,
and Harry David Brockmeyer, individually, Respondents.
TEXT: PER CURIAM. The panel is in agreement that the matters raised by the present petition,
which...s of statutory privileges may waive protection by voluntary disclosure of privileged
information to third parties. Section 90.507, Fla.Stat. (1991).
795-CITE: 499 So.2d 69 Curtis MELTZER, M.D., Daniel Diana, M.D., Arthur Sher, M.D., and Sanford Robbins,
M.D., Petitioners, v. Holly CORALLUZZO and Anita Coralluzzo, Respondents.
TEXT: PER CURIAM. Holly Coralluzzo, the respondent patient in a medical malpractice action, sued
D...rse, be expected to inform counsel for Coralluzzo and be deposed accordingly. See Fla.R.Civ.P.
1.280(b)(1), (3). Certiorari granted; order quashed.
796-CITE: 620 So.2d 1134 HYATT LEGAL SERVICES, Appellant, v. Robert RUPPITZ, Appellee.
TEXT: ALTENBERND, Judge. Hyatt Legal Services ( Hyatt ) appeals a final judgment awarding damages
...e that there is no public policy reason to prevent Hyatt from protecting Mr. Marshall on this
claim. Affirmed. FRANK, C.J., and LEHAN, J., concur.
797-CITE: 436 So.2d 265 Peter VIVIANO, Appellant, v. HURRY KANE INN, INC., and South Carolina Insurance
Co., Appellees.
TEXT: PER CURIAM. AFFIRMED. MILLS and BOOTH, JJ., concur. SHIVERS, J., dissents, with opinion.
... was accustomed to performing. Since the claimant has shown both medical and legal causation, I
would find the heart attack compensable and reverse.
798-CITE: 678 So.2d 519 Donnie L. BEASLEY, Appellant, v. M & E PIECO and Cigna Insurance Company,
Appellees.
TEXT: PER CURIAM. The judge of compensation claims (JCC) correctly dismissed claimant s petition
f...erefore reverse and remand for clarification as to the medical issue. REVERSED and REMANDED for
clarification. ERVIN, KAHN and DAVIS, JJ., concur.
799-CITE: 519 So.2d 1019 Virgil R. RIZZO, M.D., Appellant, v. DEPARTMENT OF PROFESSIONAL REGULATION,
BOARD OF MEDICAL EXAMINERS, Appellee.
TEXT: PER CURIAM. AFFIRMED. LETTS and DELL, JJ., concur. ANSTEAD, J., concurs specially with
opi... 458.331(1)(s)], or that level of care, skill, and treatment which is recognized by a
reasonably prudent similar physician [Section 458.331(1)(t)].
800-CITE: 454 So.2d 761 DAYTONA DEVELOPMENT CORPORATION, a k a Daytona Corporation, a Florida
corporation; K.D. Sauder, a k a Kenneth D. Sauder and Anita L. Sauder, his wife; Gregg, Inc., a
Florida corporation; Cleardale, Inc., a Florida corporation, Appellants, v. Donald O. McFARLAND;
Phillips, McFarland, Gould, Wilhelm & Wagstaff, P.A., a Florida professional corporation, formerly
Phillips, McFarland, Gould & Kornes, P.A., a Florida professional corporation; St. Paul Fire &
Marine Insurance; the Travelers Indemnity Company; Gulf Insurance Company; United States Fire
Insurance Company; and Select Insurance Company, Appellees.
TEXT: PER CURIAM. The plaintiffs filed a legal malpractice suit against the defendants on
February...5 (Fla. 3d DCA 1981). Accordingly, we REVERSE the final judgment and REMAND for a new
trial. HOBSON, A.C.J., and BOARDMAN and DANAHY, JJ., concur.
801-CITE: 659 So.2d 1294 In re the GUARDIANSHIP OF Jennifer Ann NEHER. Sharon Lynn NEHER, Appellant
Cross-Appellee, v. Jennifer Ann NEHER, Appellee Cross-Appellant.
TEXT: SCHOONOVER, Acting Chief Judge. The appellant, Sharon Lynn Neher, challenges several orders
...rt may allow additional evidence if it determines it necessary to do so. Reversed and remanded
with instructions. PATTERSON and BLUE, JJ., concur.
802-CITE: 566 So.2d 817 Katrina FREEMON, a child, By and Through her next friend, Nadine FREEMON,
Appellant, v. Dr. Howard J. SCHUELE; Dr. Fred Tucker; Dr. Arvelio De La Torre; Morton F. Plant
Hospital Association, Inc.; and Florida Patient s Compensation Fund, Appellees.
TEXT: PATTERSON, Judge. The plaintiff below appeals from a final order of the trial court
dismissi...ng & Shade Co., Inc. v. Miami Beach Awning Co., 565 So.2d 740 (Fla. 3d DCA 1990).
Reversed and remanded. CAMPBELL, A.C.J., and THREADGILL, concur.
803-CITE: 438 So.2d 174 Michael MAHONEY, Appellant, v. SEARS, ROEBUCK & COMPANY and Crawford & Company,
Appellees.
TEXT: BOOTH, Judge. Claimant appeals an order of the deputy commissioner denying his request for
f... below is AFFIRMED. MILLS and SHIVERS, JJ., concur. ------------ (FN1) Mahoney v. Sears,
Roebuck & Company, 419 So.2d 754, 755 (Fla. 1st DCA 1982).
804-CITE: 560 So.2d 330 Thin DONOVAN, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,
Appellee.
TEXT: GLICKSTEIN, Judge. This is an appeal from a final judgment entered after the trial court
gra...agree that there is one rule for liability cases and another for actions by the insured
against his or her insurer. ANSTEAD and POLEN, JJ., concur.
805-CITE: 648 So.2d 787 BRUNSWICK CORPORATION and GAB Business Services, Appellants, v. Robert CUMMINGS,
Appellee.
TEXT: BOOTH, Judge. This cause is before us on appeal from the judge of compensation claims (JCC)
...ction 440.19(1)(a) & (b) bar disability compensation and remedial attention claims filed more
than two years after the last payment of compensation.
806-CITE: 734 So.2d 572 Joseph GOLDBERG, M.D., Emergency Medical Services Associates, Inc., and Patrick
E. Belardi, etc., Appellants, v. Nancy GULOTTA, A.R.N.P., Appellee.
TEXT: SORONDO, J. Joseph Goldberg, M.D., Emergency Medical Services Associates, Inc. and Patrick
E... Hosp., Inc., 319 So.2d 34 (Fla. 2d DCA 1975). We reverse the final summary judgment entered by
the trial court and remand for further proceedings.
807-CITE: 526 So.2d 182 FOUNTAIN MOTOR COMPANY and Liberty Mutual Insurance Company, Appellants, v.
Louis ZIBRIN, Appellee.
TEXT: WIGGINTON, Judge. Appellants, employer carrier, appeal the deputy commissioner s order
findi...hat date is error. The appealed order is reversed and remanded for entry of an order
consistent with this opinion. MILLS and SHIVERS, JJ., concur.
808-CITE: 548 So.2d 1187 Luis GUERRERO, M.D., Petitioner, v. HUMANA, INC., d b a Humana Hospital-Palm
Beaches; Richard A. Berjian, D.O., and Eric J. Goldberg, M.D., Respondents.
TEXT: PER CURIAM. Certiorari is denied. LETTS and DELL, JJ., concur. ANSTEAD, J., dissents with
...t difficult to prove a particular cause of a action by restricting access to records, but quite
another to limit access to the courts to resolve it.
809-CITE: 650 So.2d 630 STATE of Florida, Appellant, v. Lee Alan EDWARDS, Appellee.
TEXT: PATTERSON, Judge. The state appeals from the trial court s order which suppresses Lee
Edward...ovided and may not further disclose any information to any other person or entity, unless
expressly permitted by the written consent of the patient.
810-CITE: 697 So.2d 948 COMMUNITY BLOOD CENTERS OF SOUTH FLORIDA, INC., f k a Broward Community Blood
Center, Inc., Petitioner, v. Francine DAMIANO, individually and derivatively, Alfred Damiano, her
husband, individually and derivatively, Anthony Damiano, Michelle Damiano and Christine Damiano,
minors, individually, by and through their parents and next friend, Respondents.
TEXT: PER CURIAM. Petitioner, Community Blood Centers of South Florida, Inc. (the blood bank),
cha...laint would not foster the purposes of the presuit requirements and would make a mockery of
the well-motivated purposes of the presuit requirements.
811-CITE: 693 So.2d 1071 Robert C. EMANUELE and Home Orthopaedics and X-Ray Service of Broward, Inc., a
Florida corporation, Appellants, v. Andrea PERDUE and William Perdue, Appellees.
TEXT: SHAHOOD, Judge. We reverse the trial court s order granting appellee s motion for new trial
.... *1072 Accordingly, we direct that the original jury verdict be reinstated. REVERSED AND
REMANDED WITH DIRECTIONS. STONE and WARNER, JJ., concur.
812-CITE: 481 So.2d 61 Emilio YERO, M.D., Appellant, v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF
MEDICAL EXAMINIERS, Appellee.
TEXT: NIMMONS, Judge. This is an appeal from a final order of the Board of Medical Examiners (the
...presented by the] . . . sexual activity [occurring] . . . after the physician-patient
relationship terminates need not be ruled upon in this case.
813-CITE: 755 So.2d 655 Joyce PARANZINO, Appellant, v. Scott BERGER, M.D., Appellee.
TEXT: SHAHOOD, Judge. The issue presented in this appeal is whether the trial court erred in
dismi...ly on the propriety of the trial court s award of sanctions against appellant under section
766.206, Florida Statutes. DELL and GROSS, JJ., concur.
814-CITE: 717 So.2d 91 JOHNS EASTERN COMPANY, INC., and Orange County, Appellants, v. Cathy MATTA,
Appellee.
TEXT: PADOVANO, Judge. Orange County and Johns Eastern Company, the employer and servicing agent,
...f causation. For the same reason, we decline to address the other issues presented on appeal.
Reversed and remanded. BENTON and VAN NORTWICK, JJ.,
815-CITE: 629 So.2d 271 Timothy HAZELRIG and Edward Shamas, Appellants, v. Frederick BEUNING and Carole
Beuning, Appellees.
TEXT: BLUE, Judge. The trial court granted partial summary judgment in favor of the plaintiffs
and...causation and permanency as a matter of law is reversed and the cause is remanded for further
proceedings. HALL, A.C.J., and PATTERSON, J., concur.
816-CITE: 517 So.2d 41 Deborah JANCISKO, f k a Deborah Burton Porter, Appellant, v. Joseph S. LEVY,
M.D., Joseph S. Levy, M.D., P.A., and Dr. Lynette Sieracki, Appellees.
TEXT: PER CURIAM. The final summary judgment entered in favor of defendants Joseph S. Levy, M.D.,
... (Fla. 3d DCA 1973). The summary judgment herein is reversed and the cause remanded for further
proceedings consistent with this opinion. Reversed.
817-CITE: 606 So.2d 1209 AMERICAN MEDICAL EXPRESS CORP., a Florida corporation, Appellant, v.
TRANS-AMERICAN MEDICAL REFERRALS, INC., a Florida corporation, Appellee.
TEXT: PER CURIAM. Affirmed. See Aspen Invs. Corp. v. Holzworth, 587 So.2d 1374 (Fla. 4th DCA
1991)...d 1374 (Fla. 4th DCA 1991); Holmes v. Redland Constr. Co., 557 So.2d 911 (Fla. 3d DCA 1990);
Murray v. Chillemi, 396 So.2d 1222 (Fla. 4th DCA 1981).
818-CITE: 545 So.2d 1360 Firth S. SPIEGEL, M.D., Petitioner, v. Bud Pratt WILLIAMS, Respondent.
TEXT: GRIMES, Justice. We have for review Williams v. Spiegel, 512 So.2d 1080 (Fla. 3d DCA 1987),
...strict court of appeal, I agree with the result reached by it. It is entirely consistent with
elemental fairness and justice and should be approved.
819-CITE: 718 So.2d 931 FAMILY DOLLAR STORES and Travelers Indemnity Company, Appellant, v. Aida
HENDERSON, Appellee.
TEXT: PER CURIAM. The employer and carrier appeal a workers compensation order granting the
claima..., we need not address the evidentiary issues raised by the employer and carrier in this
appeal. Reversed. BOOTH, BENTON and PADOVANO, JJ., concur.
820-CITE: 714 So.2d 674 Patricia ROGERS, Appellant, v. Antoinette L. MORINI and Quinto Morini, et al.,
Appellee.
TEXT: PER CURIAM. Patricia Rogers sued Antoinette and Quinto Morini seeking damages for injuries
s...he was permanently injured; therefore, the jury s verdict is supported by the evidence.
AFFIRMED. GRIFFIN, C.J., and COBB and ANTOON, JJ., concur.
821-CITE: 459 So.2d 1154 Jason Edward BRYANT, etc., Appellants, v. DUVAL COUNTY HOSPITAL AUTHORITY, et
al., Appellees.
TEXT: JOANOS, Judge. In this appeal from a summary final judgment in a medical malpractice action
... out from under that determination of constitutionality. Accordingly, the summary final judgment
is AFFIRMED. WIGGINTON and BARFIELD, JJ., concur.
822-CITE: 634 So.2d 711 Amos GAINES and Louie Gaines, Appellants, v. William J. PLACILLA, M.D.,
Appellee.
TEXT: JORGENSON, Associate Judge The appellants, Amos and Louie Gaines, initiated a medical
malpra...t injustice. See Hernandez v. Page, 580 So.2d 793, 795 (Fla. 3d DCA 1991) (Schwartz, C.J.,
specially concurring). BARFIELD and BENTON, JJ., concur.
823-CITE: 564 So.2d 177 Dr. James T. McGIBONY, Dr. Joseph Von Thorn, Dr. Mark D. Ziffer and Dr. William
Barfield, on behalf of themselves and all others similarly situated, Appellants, v. FLORIDA
BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION PLAN, Florida Birth-related Neurological Injury
Compensation Association, Tom Gallagher, in his official capacity as the head of the Florida
Department of Insurance and Laurence Gonzalez, in his official capacity as the head of the Florida
Department of Professional Regulation, Appellees. ASSOCIATION OF AMERICAN PHYSICIANS AND SURGEONS,
INC., James F. Coy, M.D., Sidney R. Steinberg, M.D., and Claude A. Boyd, M.D., on behalf of
themselves and all others similarly situated, Appellants, v. FLORIDA BIRTH-RELATED NEUROLOGICAL
INJURY COMPENSATION PLAN, Florida Birth-related Neurological Injury Compensation Association, and
Tom Gallagher in his official capacity as the head of The Florida Department of Insurance,
Appellees.
TEXT: ALLEN, Judge. Physicians licensed by the Florida Department of Professional Regulation
broug...on 766.314, Florida Statutes (1989), against the various constitutional challenges raised by
appellants is affirmed. ZEHMER and MINER, JJ., concur.
824-CITE: 605 So.2d 587 K-9 OF ORLANDO and Aetna Life & Casualty Company, Appellants, v. Josie
DAVENPORT, Appellee.
TEXT: WIGGINTON, Judge. Appellants, employer carrier, appeal the Judge of Compensation Claims
awar...e, the JCC had no authority *588 to award the medical management services of a non-health
care provider. REVERSED. ALLEN and WEBSTER, JJ., concur.
825-CITE: 478 So.2d 820 SOUTHEAST VOLUSIA HOSPITAL, et al., Appellants, v. STATE of Florida, DEPARTMENT
OF INSURANCE, et al., Appellees. GLADES GENERAL HOSPITAL, et al., Appellants, vs. STATE of Florida,
DEPARTMENT OF INSURANCE, et al., Appellees.
TEXT: PEARSON, TILLMAN (Ret.), Associate Judge. These appeals by two separate groups of hospitals
...Supreme Court of Florida in Pomponio v. Claridge of Pompano Condominium, Inc., 378 So.2d 774
(Fla.1979). Affirmed. MILLS and NIMMONS, JJ., concur.
826-CITE: 443 So.2d 278 Jose Bernardo GARCIA, M.D., Appellant, v. DEPARTMENT OF PROFESSIONAL REGULATION,
BOARD OF MEDICAL EXAMINERS, Appellees.
TEXT: SCHWARTZ, Chief Judge. This court is without jurisdiction to consider the merits of the
Apri... agreed. See City of Punta Gorda v. Public Employees Relations Commission, 358 So.2d 81 (Fla.
1st DCA 1978), cert. denied, 365 So.2d 710 (Fla.1978).
827-CITE: 642 So.2d 71 MARTIN MARIETTA and Cigna Property & Casualty Co. Appellants, v. Willie Eva
BLANDING, Appellee.
TEXT: PER CURIAM. This appeal arises from an order of the judge of compensation claims (JCC)
findi... claimant shall have the opportunity to submit proper proof of the amounts of the medical
bills in question. BOOTH, ALLEN, and BENTON, JJ., concur.
828-CITE: 522 So.2d 533 Connie CALL, as Personal Representative of the Estate of Buck Call, deceased,
Appellant, v. Antonio TIRONE, M.D., and Ira Joel Abramson, M.D., Appellee.
TEXT: PER CURIAM. Four days after a gallbladder operation, Buck Call died from a fatal attack of
p...w trial. Because of our holding on this point, there is no need to reach other issues raised in
this appeal. Reversed and remanded for a new trial.
829-CITE: 595 So.2d 202 Stacy PRICE, as Personal Representative of the Estate of Barry Price, deceased,
for and on behalf of claimants survivors, the Estate of Barry Price, Stacy Price, Paul Price, Elaine
Gadrich, Robyn Price and Lori Drennan, Appellants, v. JFK MEDICAL CENTER, INC., a Florida
corporation, Appellee.
TEXT: PER CURIAM. In this medical negligence and wrongful death action, the trial court found as
a...io, 380 So.2d 1068 (Fla. 3d DCA 1980). REVERSED AND REMANDED for further proceedings consistent
herewith. HERSEY, GUNTHER and FARMER, JJ., concur.
830-CITE: 637 So.2d 993 Antonia Marie McDowell WATKINS, Petitioner, v. Vladimir ROSENTHAL, M.D.,
Vladimir Rosenthal, M.D., P.A., Respondents.
TEXT: PER CURIAM. Petitioner seeks a writ of certiorari to quash an order granting respondents
lea...he deposition of petitioner s corroborating medical expert. We therefore grant the petition
and quash the order. Certiorari granted; order quashed.
831-CITE: 710 So.2d 146 Ted CARDASIS, Theodore Bukowski, Roseanne Bukowski, Charles Cangro, Ronald G.
Petrillo, Louis A. Petrillo, Steven G. Petrillo, Lucy Petrillo, Linda Petrillo, and Mortimer
Isaakson, Petitioners, v. HP AMERICA, INC., VIP Medical Centers, Inc., Consolidated Medical Centers,
Inc., and VIP Acquisition Corp., Respondents.
TEXT: PER CURIAM. We find that the trial court departed from the essential requirements of law
whe...directions to the trial court to grant the petitioners previously filed motion to disqualify
counsel from representing any party in the cause below.
832-CITE: 647 So.2d 997 CITY OF LAKELAND and Johns Eastern Company, Appellants, v. Richard LOVELAND,
Appellee.
TEXT: WENTWORTH, Senior Judge. This is an appeal of a final workers compensation order requiring
t...nd the cause remanded for reconsideration of the issue based on such further evidence as the JCC
may require. ZEHMER, C.J. and WEBSTER, J., concur.
833-CITE: 727 So.2d 992 Fritzbert BELMONT and Adner Joseph, as Personal Representatives of the Estate of
Venante Joseph, Deceased, for and on behalf of said Estate and the survivors thereof, Appellants
Cross-Appellees, v. NORTH BROWARD HOSPITAL DISTRICT, d b a Broward General Medical Center, etc., et
al., Appellees Cross-Appellants.
TEXT: KLEIN, J. Plaintiffs appeal a defense verdict in a medical malpractice case. We reverse for
... and her psychiatric records. We have considered the remaining issues and find them to be
without merit. Reversed. WARNER and TAYLOR, JJ., concur.
834-CITE: 701 So.2d 1238 Peter NORIS, Appellant, v. Theodore SILVER, Appellee.
TEXT: On Motion for Rehearing and Certification PER CURIAM. Upon consideration of appellee s
moti... 617 So.2d 400 (Fla. 3d DCA 1993)). Failure to execute a writing required by Rule 4-1.5
cannot be used as a method to avoid liability to the client.
835-CITE: 525 So.2d 865 Sue A. HIGLEY, et al., Petitioners, v. FLORIDA PATIENT S COMPENSATION FUND,
Respondent.
TEXT: KOGAN, Justice. The Fourth District Court of Appeal has certified the following question as
...trict Court of Appeal. It is so ordered. McDONALD, C.J., and OVERTON, SHAW, BARKETT and GRIMES,
JJ., concur. EHRLICH, J., concurs in result only.
836-CITE: 453 So.2d 78 MANNS JIFFY FOOD MART and RGAF Underwriters, Appellants, v. Gladys O NEIL,
Appellee.
TEXT: MILLS, Judge. In the workers compensation order from which the employer carrier appeal, the
...does not comply with Florida Workers Compensation Rule of Procedure 16(a). The motion for
rehearing is denied. SHIVERS and WIGGINTON, JJ., concur.
837-CITE: 616 So.2d 1154 Evelyn F. SANTELLI and Patrick SANTELLI, husband and wife, Appellants, v.
Victor M. AREAN, M.D., Davis, Reilly, Arean, Thompson & Echevarria, M.D.s, Pathology Associates,
P.A., Ralph A. Dematteis, M.D., and Ralph A. Dematteis, P.A., and St. Anthony s Hospital, Inc.,
jointly and severally, Appellees.
TEXT: PER CURIAM. In this medical malpractice action, the plaintiffs, Mr. and Mrs. Santelli,
chall... the very limitation provisions they now challenge. Cf. Mertz v. Lake Padgett Estates East
Road & Bridge District, 487 So.2d 329 (Fla. 2d DCA 1986).
838-CITE: 581 So.2d 1301 BASKERVILLE-DONOVAN ENGINEERS, INC., Petitioner, v. PENSACOLA EXECUTIVE HOUSE
CONDOMINIUM ASSOCIATION, INC., Respondent.
TEXT: BARKETT, Justice. We review Pensacola Executive House Condominium Association, Inc. v.
Baske...his case for further proceedings consistent herewith. It is so ordered. SHAW, C.J., and
OVERTON, McDONALD, GRIMES, KOGAN and HARDING, JJ., concur.
839-CITE: 655 So.2d 1169 Raul RIVET, M.D., Appellant, v. Josephine PEREZ, as Personal Representative of
the Estate of Mary Dominguez and as Guardian of Javier Dominguez, Iziquio Dominguez, Satdiel
Dominguez, and Satdy Dominguez, and Pedro Rodriguez, individually; and Eugene Rivera, M.D., and
Eugene Rivera, M.D., P.A., Appellees.
TEXT: PER CURIAM. The defendant, Dr. Raul Rivet, appeals from an adverse amended final judgment,
f...e of negligence. Therefore, the trial court properly denied the defendant s motions for summary
judgment, directed verdict, or new trial. Affirmed.
840-CITE: 595 So.2d 1095 Sam PENA, Appellant, v. BRITTON, COHEN, CASSELL, KAUFMAN & SCHANTZ, P.A.,
Appellee.
TEXT: PER CURIAM. Appellant, defendant counter-claimant in the trial court, seeks review of an
ord... DCA 1982); Kisling v. Wooldridge, 397 So.2d 747 (Fla. 5th DCA 1981); White v. Montebello
Corporation, 397 So.2d 326 (Fla. 5th DCA 1981). Affirmed.
841-CITE: 522 So.2d 545 Justin BATES, a minor, by and through his mother and legal guardian, Cynthia
BATES, and Cynthia Bates, Individually, Appellants, v. Palghat M. SAHASRANAMAN, Appellee.
TEXT: STONE, Judge. This is an appeal from a summary judgment in favor of a doctor in a medical
ma...t of Transportation v. Knowles, 402 So.2d 1155 (Fla.1981). The judgment of the trial court is,
therefore, affirmed. ANSTEAD and DELL, JJ., concur.
842-CITE: 520 So.2d 58 Abdolhossain HAGHAYEGH and Gholamossain Haghayegh, Appellants, v. Clifford P.
CLARK, Jr., Clark and Dick, P.A. and Clark, Dick and Lancaster, P.A., Appellees.
TEXT: BARKDULL, Judge. The appellants sued the appellees for legal malpractice for failing to
reco... period proscribed by the statute of limitations had never expired and therefore there was no
consideration in the first instance for the agreement.
843-CITE: 719 So.2d 325 Virginia TARLETON, Appellant Cross-Appellee, v. ARNSTEIN & LEHR, a partnership,
Appellee Cross-Appellant.
TEXT: PER CURIAM. Virginia Tarleton ( Former Wife ) appeals and Arnstein & Lehr (the Firm )
cross...rness, qualities which the jurors brought to the courtroom and which they were capable of
applying without the assistance of an expert in this case.
844-CITE: 643 So.2d 698 TROPICANA PRODUCTS, INC., Appellant, v. Edward GUNTHER, Appellee.
TEXT: WOLF, Judge. The self-insured employer, Tropicana Products, Inc., raises three issues on
app...ment to medical benefits at the hearing, we feel that it would be appropriate for the JCC to
take further evidence. JOANOS and BENTON, JJ., concur.
845-CITE: 683 So.2d 205 Jim PATTERSON, Appellant, v. Maria Eugenia CUERVO, Appellee.
TEXT: PER CURIAM. Jim Patterson appeals a final judgment of paternity asserting, inter alia, that
...ther is ordered to pay $118 monthly for child care expenses, as the court announced at the final
hearing, not $100, as stated in the final judgment.
846-CITE: 711 So.2d 1155 E.C., individually and as parent and natural guardian of the minor, J.K.C.,
Appellants, v. Lorne KATZ, M.D., Nancy J. McDermott, M.D., and Sawgrass Pediatrics, P.A., Appellees.
TEXT: PER CURIAM. Appellants appeal an adverse summary judgment. We affirm. In 1990, E.C., the
na.... Servs. v. B.J.M., 656 So.2d 906, 910 (Fla.1995); Seaboard Coast Line RR Co. v. Industrial
Contracting Co., 260 So.2d 860, 864 (Fla. 4th DCA 1972).
847-CITE: 659 So.2d 324 STAFF MANAGEMENT SYSTEMS a k a Plus Transportation Systems and Armor Insurance,
Company, Appellants, v. Roman WILKES, Appellee.
TEXT: PER CURIAM. Based on our review of the record, we find the order of the judge of
compensatio...rded. AFFIRMED in part, REVERSED in part, and REMANDED for further findings
consistent with this opinion. ERVIN, JOANOS and BARFIELD, JJ., concur.
848-CITE: 472 So.2d 833 MARTIN-MARIETTA CORPORATION and Home Insurance Company, Appellants, v.
Monserrathe VARGAS, Appellee.
TEXT: NIMMONS, Judge. The employer and carrier (E C) appeal from an order awarding permanent
total... to include temporary benefits, and additional evidence may be presented by the parties.
Reversed and Remanded. WENTWORTH and ZEHMER, JJ., concur.
849-CITE: 732 So.2d 334 HARRIS SEMICONDUCTOR and Cigna Property & Casualty Company, Appellants, v. Doris
DRIVER, Appellee.
TEXT: PER CURIAM. We agree that the claimant is entitled to temporary partial disability benefits
...al improvement. We find no error in any other aspect of the order. Affirmed in part and reversed
in part. BOOTH, BENTON and PADOVANO, JJ., concur.
850-CITE: 476 So.2d 1342 James E. SIMMONS, as Personal Representative of the Estate of Ella Simmons,
deceased, Appellant, vs Lawrence SCHIMMEL, M.D., Appellee.
TEXT: NESBITT, Judge. The plaintiff appeals an order awarding attorney s fees following his
volunt... by the plaintiff it would have operated as an adjudication on the merits, Fla.R.Civ.P.
1.420(a)(1), and a different case would have been presented.
851-CITE: 550 So.2d 12 TRAVELERS INDEMNITY COMPANY, a corporation of the State of Connecticut,
Appellant, v. OVERSEAS ACE HARDWARE, INC., a corporation of the State of Florida; Lig Insurance
Agency, Inc., a corporation of the State of Missouri; and Robert J. Hoffman, Appellees.
TEXT: GERSTEN, Judge. Appellant, Travelers Indemnity Company (Travelers), appeals from a final
sum...on on the question of what constitutes the deductible in an umbrella policy, See generally R.
Keeton & A. Widiss, Insurance Law Section 3.11 (1988).
852-CITE: 710 So.2d 166 COHEN & COHEN, P.A., Appellant, v. Roland Pierre ANGRAND, Appellee.
TEXT: COPE, Judge. The law firm of Cohen & Cohen, P.A., appeals an order confirming a general
mast...e to the general master for further proceedings consistent herewith. ------------ (FN3) The
law firm requested compensation based on quantum meruit.
853-CITE: 756 So.2d 238 Reyes VISCIOSO, Appellant, v. David MANZ, an individual, David Manz, P.A., and
Greenman & Manz, P.A., Appellees.
TEXT: PER CURIAM. Affirmed. See Zeidwig v. Ward, 548 So.2d 209 (Fla.1989) (where court determined
.... Raban, 702 S.W.2d 134, 138 (Mo.App.E.D.1985) (effective administration of justice would be
undermined if prior decision on same issue is ignored).
854-CITE: 616 So.2d 12 Anna Rue CAMP, et al., Plaintiffs-Appellants, v. ST. PAUL FIRE & MARINE INSURANCE
COMPANY, Defendant-Appellee.
TEXT: McDONALD, Justice. In Camp v. St. Paul Fire & Marine Insurance Co., 958 F.2d 340, 344 (11th
...ited States Court of Appeals for the Eleventh Circuit. It is so ordered. BARKETT, C.J., and
OVERTON, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
855-CITE: 645 So.2d 86 Charles MALDONADO, Appellant, v. EMSA LIMITED PARTNERSHIP; and Cedars Medical
Center, Inc., Appellees.
TEXT: PER CURIAM. Charles Maldonado appeals from final summary judgments entered in favor of
Cedar...cy with regard to physician s verification: Dismissal without leave to amend after the
statute of limitation had expired was too severe a remedy. ).
856-CITE: 674 So.2d 777 BAPTIST HOSPITAL, INC., Appellant, v. Malcolm Keith RAWSON, Appellee.
TEXT: PER CURIAM. This is an appeal from a final judgment in a medical malpractice action
awarding...vil litigant, or the guilt or innocence of an accused. *780 REVERSED in part and
REMANDED for new trial. MINER, WEBSTER and LAWRENCE, JJ., concur.
857-CITE: 535 So.2d 308 BAY MEDICAL CENTER, Petitioner, v. Edward Lee SAPP, as the Personal
Representative of the Estate of Andy Lee Sapp, Respondent.
TEXT: BARFIELD, Judge. The petitioner has sought review by certiorari of two trial court
discovery..., that is not the interrogatory posed to petitioner. The petitions are GRANTED and the
discovery orders are QUASHED. MILLS and BOOTH, JJ., concur.
858-CITE: 755 So.2d 93 Patricia Ann HANKEY, et al., Petitioners, v. Susan YARIAN, M.D., et al.,
Respondents.
TEXT: ANSTEAD, J. We have for review Hankey v. Yarian, 719 So.2d 987 (Fla. 5th DCA 1998) based on
...ew of the Legislature s express direction that the ninety-day extension may be secured
automatically and is in addition to other tolling provisions.
859-CITE: 487 So.2d 1032 FLORIDA PATIENT S COMPENSATION FUND, Petitioner, v. Joseph TILLMAN, et al,
Respondents. ST. MARY S HOSPITAL, Petitioner, v. Joseph TILLMAN, et al., Respondents. ST. MARY S
HOSPITAL, Appellant, v. Joseph TILLMAN, et al., Appellees. Bruce WAXMAN, M.D., Petitioner
Cross-Respondent, v. Joseph TILLMAN, et al., Respondents Cross-Petitioners.
TEXT: PER CURIAM. We have before us by petition for review Florida Patient s Compensation Fund v.
... The jury found Tillman to be twelve per cent, even if Waxman left the responsibility of pursuing
this issue to a codefendant. BOYD, C.J., concurs.
860-CITE: 646 So.2d 776 BARWICK, DILLIAN & LAMBERT, P.A., Appellant Cross-appellee, v. Carey L. EWING,
Appellee Cross-appellant, and Peter Gregory, Appellee.
TEXT: ON MOTION FOR REHEARING COPE, Judge. On consideration of appellee Peter Gregory s motion
fo... on liability, but reversed and remanded to recalculate the amount owed to Ewing. Affirmed in
part, reversed in part, and remanded with directions.
861-CITE: 441 So.2d 660 Wanda WRIGHT and Leland D. Wright, her husband, Appellants, v. Arnold SCHULTE,
Jr., M.D., and Arnold Schulte, Jr., M.D., P.A., a professional association, Appellees.
TEXT: DANAHY, Judge. The plaintiffs in a medical malpractice suit appeal from an adverse final
jud.... Seeba v. Bowden, 86 So.2d 432 (Fla.1956); Section 90.104(1)(b). REVERSED and REMANDED for a
new trial. HOBSON, A.C.J., and BOARDMAN, J., concur.
862-CITE: 591 So.2d 195 Brian Alfred ROSE, Appellant, v. STATE of Florida, Appellee.
TEXT: WARNER, Judge. This is an appeal from appellant s conviction for aggravated child abuse and
...th which are both Third District cases, neither one of which were addressed in Manno.
Consequently, we deny the motion for rehearing on all issues.
863-CITE: 652 So.2d 985 AMERICAN SAVINGS AND LOAN and Continental Loss Adjusting Services, Appellants,
v. Martin GREENWALD, Appellee.
TEXT: PER CURIAM. The employer carrier appeal from an order of the judge of compensation claims
wh...1st DCA 1984); Lopez v. Pennsuco Cement & Aggregates, Inc., 401 So.2d 875 (Fla. 1st DCA 1981).
AFFIRMED. ALLEN, WEBSTER and LAWRENCE, JJ., concur.
864-CITE: 507 So.2d 728 Lillian N. THURSTON, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION and
Metropolitan Dade County, Appellees.
TEXT: PER CURIAM. We reverse the Unemployment Appeals Commission s affirmance of the referee s
dis...n 443.101 (1)(a)(1), Fla.Stat. (1985); see Uniweld Products, Inc. v. Industrial *729 Relations
Comm n, 277 So.2d 827 (Fla. 4th DCA 1973). Reversed.
865-CITE: 743 So.2d 1200 TALLAHASSEE MEMORIAL HEALTHCARE, INC., f k a Tallahassee Memorial Regional
Medical Center, Inc., and Palmer & Cay, Inc., Appellants, v. Susie COLEMAN, Appellee.
TEXT: BENTON, J. Tallahassee Memorial Healthcare, Inc. (the hospital) provided Susie Coleman
medic... failure to obtain care dining the two years following her last visit to Dr. Loeb. Reversed
and remanded. BARFIELD, C.J., and WEBSTER, J., CONCUR.
866-CITE: 466 So.2d 443 HUBER RESTORIUM and Adjustco, Inc., Appellants, v. Patricia BUTTERFIELD,
Appellee.
TEXT: MILLS, Judge. The employer carrier appeal and the claimant cross appeals from an order
denyi...n cross appeal, we find competent substantial evidence in the record supporting the deputy s
findings. AFFIRMED. JOANOS and BARFIELD, JJ., concur.
867-CITE: 698 So.2d 865 Gerald F. HORTON, M.D., and Raymond E. Silbar, M.D., Appellants, v. Constance M.
CHANNING and Wesley Channing, individually and as parents and next of friend of Michelle C.
Channing, a minor, Appellees. Peter BREAM, M.D., and Drs. McClow, Clark & Berk, P.A., Appellants, v.
Constance M. CHANNING and Wesley Channing, individually and as parents and next of friend of
Michelle C. Channing, a minor, Appellees. Gerald F. HORTON, M.D., Appellant, v. Constance M.
CHANNING and Wesley Channing, individually and as parents and next of friend of Michelle C.
Channing, a minor, Appellees.
TEXT: WOLF, Judge. There are three timely appeals related to a wrongful death action based on
medi...ellees attorney s fees, and direct the trial court to enter a final judgment in accordance
with this opinion. JOANOS and VAN NORTWICK, JJ., concur.
868-CITE: 671 So.2d 157 Lydia D. PIERRE, By and Through her husband and legal guardian, Issonel PIERRE,
the Pierre Children, and Issonel Pierre, individually, Petitioners, v. NORTH SHORE MEDICAL CENTER,
INC., James W. Porter, M.D., and Harari, Porter, Blumenthal and Brown, M.D., P.A., d b a Emergency
Medical Specialists of South Florida, Respondents.
TEXT: PER CURIAM. We have for review Castillo-Plaza v. Green, 655 So.2d 197 (Fla. 3d DCA 1995),
(F...ceedings consistent with our opinion in Acosta. It is so ordered. GRIMES, C.J., and OVERTON,
SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.
869-CITE: 522 So.2d 80 John and Jane DOE, Appellants, v. FT. LAUDERDALE MEDICAL CENTER MANAGEMENT, INC.,
Appellee.
TEXT: SHARP, W., Associate Judge. John and Jane Doe appeal from a summary judgment which denied
th...verse the summary judgment and remand for further proceedings consistent with this opinion.
REVERSED AND REMANDED. DOWNEY and WALDEN, JJ., concur.
870-CITE: 691 So.2d 66 Steve PATZ, Appellant, v. STATE of Florida, Appellee.
TEXT: SORONDO, Judge. Upon the state s proper confession of error, we reverse the trial court s
or...se its provisions constitute the essence of due process. Peters, 626 So.2d at 1050. Reversed
and remanded with instructions to discharge Appellant.
871-CITE: 567 So.2d 469 William T. BREESMEN, M.D., Appellant, v. DEPARTMENT OF PROFESSIONAL REGULATION,
BOARD OF MEDICINE, Appellee.
TEXT: ZEHMER, Judge. William Breesmen, M.D., appeals a final order of the Board of Medicine,
Depar...se the appealed order and remand with directions to dismiss the charges against Dr.
Breesmen. REVERSED AND REMANDED. MINER and ALLEN, JJ., concur.
872-CITE: 505 So.2d 3 MEDICAL CENTER HOSPITAL, Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE
SERVICES and United Medical Corporation, Appellees. C.M.S.F., INC., d b a Charter Glade Hospital,
Appellant, v. STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, and United Medical
Corporation d b a Charlotte County Psychiatric Center, Appellees.
TEXT: PER CURIAM. This is a consolidated appeal of final orders denying appellants standing to
int...a, Inc. v. Department of Health and Rehabilitative Services, 491 So.2d 1199 (Fla. 1st DCA
1986). REVERSED ERVIN, WIGGINTON, BARFIELD, JJ., concur.
873-CITE: 728 So.2d 268 WAL-MART STORE # 0649, Titusville and Claims Management. Appellants, v. Ingabarg
KIRKSEY, Appellee.
TEXT: PER CURIAM. Appellants, the employer and carrier, appeal a worker s compensation order
findi...pt. v. Hak, 710 So.2d 998 *270 (Fla. 1st DCA 1998). Accordingly, the order under review is
REVERSED. BOOTH, VAN NORTWICK AND PADOVANO, JJ., CONCUR.
874-CITE: 528 So.2d 27 J. Enrique LUJAN, M.D., Appellant, v. DEPARTMENT OF PROFESSIONAL REGULATION,
BOARD OF MEDICINE, Appellee.
TEXT: PER CURIAM. We reverse the Florida Board of Medicine s final order denying Dr. J. Enrique
Lu... 495 So.2d 790, 793 (Fla. 1st DCA 1986), rev. denied, 504 So.2d 767 (Fla.1987); see Section
458.303(1)(i), Fla.Stat. (1985). Reversed and remanded.
875-CITE: 672 So.2d 34 CENTRAL FLORIDA REGIONAL HOSPITAL, INC., Petitioner, v. Paul WAGER, et al.,
Respondents. David C. MOWERE, etc., et al., Petitioners, v. Paul WAGER, et al., Respondents.
TEXT: PER CURIAM. We have for review a decision of the Fifth District passing upon the following
q...1996), the district court decision is approved. It is so ordered. GRIMES, C.J., and OVERTON,
SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.
876-CITE: 616 So.2d 486 Viviana Mendez CARCASSES, Appellant, v. Bruce A. JULIEN, M.D., Appellee.
TEXT: GERSTEN, Judge. The appellant, Viviana Mendez Carcasses (Carcasses), appeals the denial of
h...carefully considered appellant s other issues and conclude that they have no merit. Accordingly,
we affirm the order denying a new trial. Affirmed.
877-CITE: 639 So.2d 72 Michael Claude HUNTER, Petitioner, v. STATE of Florida, Respondent.
TEXT: THOMPSON, Judge. Petitioner, Michael Claude Hunter, seeks a writ of certiorari to quash an
o...on shall not be construed to limit the public s right of access to public records and meetings
as provided by law. Art. I, Section 23, Fla. Const.
878-CITE: 706 So.2d 406 Curtis Clyde HILL, Appellant, v. Christy Denise HILL, Appellee.
TEXT: ORFINGER, M., Senior Judge. Curtis Hill appeals from an amended final judgment of
dissolutio...). Except as modified herein, this amended final judgment and order of contempt are
affirmed. AFFIRMED AS MODIFIED. COBB and ANTOON, JJ., concur.
879-CITE: 438 So.2d 188 KELLER BUILDING PRODUCTS and Alexsis, Inc., Appellants, v. Kenneth TOWNSEND,
Appellee.
TEXT: PER CURIAM. That part of the order awarding claimant costs for past medical services is
reve..., 427 So.2d 207 (Fla. 1st DCA 1983). In all other respects, the order appealed is affirmed.
ROBERT P. SMITH, Jr., BOOTH and WIGGINTON, JJ., concur.
880-CITE: 602 So.2d 1379 Joseph PLEMENDON, Debbie Plemendon, his wife, and their minor dependent
children, Hope Danielle Plemondon, and Laura Plemondon, Petitioners, v. Alberto FERNANDEZ, M.D.,
Carlos Vidalon, M.D., Fernandez and Associates, P.A., Philip Gordon, M.D., and Steven Dolberg, D.C.,
Respondents.
TEXT: PER CURIAM. The petition for a writ of common law certiorari is hereby DENIED. GUNTHER,
J.,...of certiorari. For purposes of pretrial certiorari review, I am unable to distinguish the kind
of substantive right at issue in Henn from that here.
881-CITE: 662 So.2d 426 Samuel LINK and Ethel Link, his wife, Appellants cross-appellees, v. Allan
WOLPOWITZ, M.D., Appellee cross-appellant.
TEXT: PER CURIAM. We affirm the final judgment entered upon a jury verdict in favor of the
defenda...ative feelings. Id. at 928-29. We also find no error or abuse of discretion as to the
other issues raised. STONE, WARNER and SHAHOOD, JJ., concur.
882-CITE: 586 So.2d 1179 STATE of Florida, Petitioner, v. Carmen OCASIO, Respondent.
TEXT: PER CURIAM. The state seeks to quash an order of the trial court granting respondent,
Carmen...he validity of the order of restitution has been upheld by this court in our recent
decision in Ocasio v. State, 586 So.2d 1177 (Fla. 4th DCA 1991).
883-CITE: 541 So.2d 1368 Rebecca LUKOWSKY, Appellant, v. HAUSER & METSCH, P.A., and Lawrence R. Metsch,
Appellees.
TEXT: PER CURIAM. Rebecca Lukowsky appeals the dismissal of her legal malpractice action for
failu...983). We reverse and remand to the trial court for further proceedings which may include the
imposition of lesser sanctions. Reversed and remanded.
884-CITE: 736 So.2d 102 Gregory GRIFFITH, Appellant, v. BROWN & ROOT INDUSTRIAL SERVICE and Crawford &
Company, Appellees.
TEXT: PER CURIAM. In this workers compensation case, the claimant appeals, and the employer and
se...ts is affirmed. The award of continued medical treatment is reversed. AFFIRMED IN PART and
REVERSED IN PART. ERVIN, WOLF and WEBSTER, JJ., CONCUR.
885-CITE: 458 So.2d 1134 OSCEOLA COUNTY COMMISSIONERS and U.S. Fidelity & Guaranty Company, Appellants,
v. Dea B. HAND, Appellee.
TEXT: MILLS, Judge. In this workers compensation action, the employer carrier appeal from an
order...y s fees to the claimant must also be reversed. We need not reach the other issues raised on
appeal. REVERSED. SHIVERS and WIGGINTON, JJ., concur.
886-CITE: 532 So.2d 1360 GEORGE A. MORRIS, III, M.D., P.A., and George A. Morris, III, M.D., Appellants,
v. Kathleen ERGOS and John Ergos, her husband, Appellees.
TEXT: LEHAN, Judge. In this medical malpractice case defendant physician appeals from an order
str...ase like this involving the striking of defenses. Reversed and remanded for proceedings
consistent herewith. RYDER, A.C.J., and FRANK, J., concur.
887-CITE: 452 So.2d 580 K.M.A. ASSOCIATES, INC., Appellant, v. George N. MEROS, George S. Coit, Jr.,
John M. Edman, Peter N. Meros, Walter E. Smith, Dede Meros, Meros, Coit, Edman, Meros & Smith, P.A.,
Robert Papolos, Stephen Papolos, Albert Papolos and George N. Meros, Jr., Appellees.
TEXT: DANAHY, Judge. The plaintiff in a suit for equitable relief and damages for legal
malpractic.... 4th DCA 1974). Accordingly, we REVERSE and REMAND for further proceedings consistent
with this opinion. SCHEB, A.C.J., and CAMPBELL, J., concur.
888-CITE: 610 So.2d 473 Susan M. JACKSON, as personal representative of the Estate of Eugene Lee
Jackson, Jr., Appellant, v. ROBERT S. ALTMAN, P.A., Leon Icaza, Sokolowicz & Posen, M.D. s, P.A.,
and John Sokolowicz, Appellees.
TEXT: PER CURIAM. Affirmed. Baptist Memorial Hospital, Inc. v. Bell, 384 So.2d 145 (Fla.1980);
Sca...ct, citing Smyer v. Gaines, 332 So.2d 655 (Fla. 1st DCA 1976). Nevertheless, reversal of the
judgment is mandated without reaching the second point.
889-CITE: 565 So.2d 404 KAPLAN INDUSTRIES, INC., and Claims Center, Appellants, v. Anthony ROWLETT,
Appellee.
TEXT: WENTWORTH, Judge. Employer carrier appeal a workers compensation order by which various
bene...ge should address the pending issues as indicated herein. The order is otherwise affirmed and
the cause remanded. SMITH and WIGGINTON, JJ., concur.
890-CITE: 695 So.2d 942 Melissa Schwey MATTEK, Appellant, v. Sheryl B. WHITE, Appellee.
TEXT: KLEIN, Judge. A jury found that appellant plaintiff had no permanent injury resulting from
a...ries of harmless error on appeal are likely to fall on deaf ears. We therefore reverse and
remand for a new trial. WARNER and SHAHOOD, JJ., concur.
891-CITE: 668 So.2d 691 Frank KEEL, as Guardian of Kevin Keel, Petitioner, v. PSYCHIATRIC INSTITUTE OF
DELRAY, INC., d b a Fair Oaks Hospital at Boca Delray, David Gross, M.D., Mark Linden, M.D.,
Frederic Boltz, M.D., and South Florida Neurology Associates, P.A., Respondents.
TEXT: PER CURIAM. Without prior court order or patient authorization, defense counsel
representing... striking the witness testimony is an appropriate sanction for the actions of defense
counsel. GUNTHER, C.J., and WARNER and PARIENTE, JJ., concur.
892-CITE: 722 So.2d 921 Sime Michael DADIC and Margaret Z. Dadic, Appellants, v. John C. SCHNEIDER,
Mosher and Schneider, P.A., Appellees.
TEXT: PER CURIAM. Appellants ( the Dadics ) sued their former attorney and his law firm (
Schneide... further proceedings on the malpractice and negligence counts. We affirm as to all other
issues raised. STONE, C.J., DELL and TAYLOR, JJ., concur.
893-CITE: 679 So.2d 291 OWENS-CORNING FIBERGLASS CORPORATION, Appellant, v. James CORCORAN, et al.,
Appellees.
TEXT: NESBITT, Judge. Robert Galotti, decedent of James Corcoran et al., was exposed to
asbestos-c...constitutionally impermissive. Affirmed in part, reversed in part, and remanded solely
for recalculation of the judgment, in accordance with Wells.
894-CITE: 745 So.2d 946 MUSCULOSKELETAL INSTITUTE CHARTERED, d b a Florida Orthopaedic Institute,
Chester E. Sutterlin, III, M.D., Chester E. Sutterlin, III, M.D., P.A., and Gene A. Balis, M.D.,
Petitioners, v. James S. PARHAM, Respondent.
TEXT: PER CURIAM. We have for review the decision in Parham v. Balis, 704 So.2d 623 (Fla. 2d DCA
1...e. It is so ordered. HARDING, C.J., SHAW, WELLS, ANSTEAD and PARIENTE, JJ., and KOGAN, Senior
Justice, concur. OVERTON, Senior Justice, dissents.
895-CITE: 741 So.2d 1226 BAYFRONT MEDICAL CENTER, INC., Appellant, v. STATE of Florida, AGENCY FOR
HEALTHCARE ADMINISTRATION, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant, Bayfront Medical Center, Inc., challenges the
summa...d corrective action taken are not privileged from discovery by Appellee. Reversed in part
and affirmed in part. WHATLEY and STRINGER, JJ., Concur.
896-CITE: 507 So.2d 755 CAST CRETE CORPORATION and Hewitt, Coleman & Associates, Appellants, v. Arthur
BURNEY and Ciminelli Construction Co., Appellees.
TEXT: BARFIELD, Judge. There is substantial competent evidence to support the deputy s conclusion
...fore that there was no competent medical evidence of disability *757 to support the award for the
period in question. I would reverse on this issue.
897-CITE: 617 So.2d 748 Wallace E. PAYNE, Appellant, v. Patricia A. PAYNE, Appellee.
TEXT: PER CURIAM. This cause is before us on appeal from a final order of dissolution of
marriage....8 (Fla. 1st DCA 1989). Accordingly, we affirm in part and remand in part for
proceedings consistent herewith. BOOTH, SMITH and MINER, JJ., concur.
898-CITE: 701 So.2d 357 Glenn E. PADGETT, M.D., Appellant, v. Edward SIMS and Barbara Ann Sims, his
wife, Appellees.
TEXT: PER CURIAM. Glenn E. Padgett, M.D., appeals a final judgment entered following a jury
verdic...ot within his specialty, a specialist trained in the treatment or diagnosis for that
condition shall be considered a similar health care provider.
899-CITE: 483 So.2d 51 O. Alan JARED, M.D., Bethesda Radiology Associates, P.A., and Florida Physicians
Insurance Reciprocal, Petitioners, v. Thomas Jefferson JACKSON, and Florida Patients Compensation
Fund, et al., Respondents.
TEXT: HERSEY, Chief Judge. The single issue presented by the petition for writ of certiorari
under...ure from the essential requirements of the law and it is therefore quashed. CERTIORARI
GRANTED; ORDER QUASHED. GLICKSTEIN and HURLEY, JJ., concur.
900-CITE: 508 So.2d 476 LONG GROVE BUILDERS, INC. and General Accident Insurance, Appellants, v. Warren
Michael HAUN, Appellee.
TEXT: MILLS, Judge. The question presented in this workers compensation appeal is whether a
deputy... the bill to the schedule based on his own analysis of the nature of the services rendered
is moot. REVERSED. WENTWORTH AND BARFIELD, JJ., concur.
901-CITE: 438 So.2d 916 GEORGIA PACIFIC CORP., Appellant, v. Alex BUTLER, Appellee.
TEXT: PER CURIAM. Contending that its handling of this workers compensation claim is lacking in
t..., 418 So.2d 322 (Fla. 1st DCA 1982), and sufficient to constitute bad faith. AFFIRMED. ROBERT
P. SMITH, Jr., and BOOTH and WIGGINTON, JJ., concur.
902-CITE: 583 So.2d 803 Ronald CARSWELL, Appellant, v. BRODERICK CONSTRUCTION and State Farm Insurance
Company, Appellees.
TEXT: BARFIELD, Judge. In this workers compensation appeal we review a decision of the Judge of
Co...esolves disputes concerning gouging. The issue in this case is excessive treatment, i.e.,
gouging. AFFIRMED. JOANOS, C.J., and SMITH, J., concur.
903-CITE: 469 So.2d 787 TURNBERRY ISLE COUNTRY CLUB and Liberty Mutual Insurance Co., Appellants, v.
Manuel REYES and the Division of Workers Compensation, Appellees.
TEXT: JOANOS, Judge. The employer and carrier seek review of a workers compensation order
awarding... therefore, so modify the deputy commissioner s order. In all other respects the petition
for rehearing is denied. MILLS and BARFIELD, JJ., concur.
904-CITE: 669 So.2d 1051 Lori Ann BRANIFF, and Christopher J. Braniff, Appellants, v. GALEN OF FLORIDA,
INC., and Robert Bazley, M.D., Appellees.
TEXT: PER CURIAM. The Braniffs appeal the dismissal of their medical malpractice action where
they... proceed under NICA. Notice is only relevant to the defendants assertion of NICA exclusivity
where the individual attempts to invoke a civil remedy.
905-CITE: 712 So.2d 1183 Magali ASTIGARRAGA, Appellant Cross-Appellee, v. Richard V. GREEN, Appellee
Cross-Appellant.
TEXT: BLUE, Acting Chief Judge. Magali Astigarraga appeals the order granting a new trial after
sh...ection 768.043 and enter an order of remittitur. Reversed and remanded with directions,
cross-appeal affirmed. WHATLEY and NORTHCUTT, JJ., concur.
906-CITE: 483 So.2d 113 HUMANA, INC., Appellant, v. ESTATE OF Mabel Raquet SCHEYING, Deceased, Appellee.
TEXT: RYDER, Chief Judge. Humana, Inc., successor by merger to Apollo Medical Center, appeals a
tr...nter an order in favor of Humana as a residuary beneficiary under the will. Reversed and
remanded with instructions. SCHEB and LEHAN, JJ., concur.
907-CITE: 484 So.2d 43 Steven DAIGNAULT, Carolyn Daignault and Richard Daignault, Appellants, v.
ALLSTATE INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. This is an appeal from an order denying modification of an award of an
arbitrati...emand to the arbitrators for reconsideration of the future medical compensation.
REVERSED and REMANDED. DAUKSCH, ORFINGER and COWART, JJ., concur.
908-CITE: 454 So.2d 69 James A. HANDY, Sr., Appellant Cross-appellee, v. GOLDEN GEM GROWERS, INC. and
Professional Administrators, Inc., Appellees Cross-appellants.
TEXT: MILLS, Judge. Handy, the claimant in this workers compensation action, appealed the deputy
c...irrelevant. That part of the order requiring the E C to pay for the claimant s emergency room
visits is reversed. BOOTH and BARFIELD, JJ., concur.
909-CITE: 736 So.2d 773 Lin FIELDS, Appellant Cross-Appellee, v. S.O.S. DRIVERS, INC. and Southern Risk
Services, Inc., Appellees Cross-Appellants.
TEXT: WEBSTER, J. In this workers compensation appeal, the claimant argues that the judge of
compe...ng experts, and to resolve evidentiary conflicts). AFFIRMED IN PART; REVERSED IN PART; and
REMANDED, with directions. ERVIN and WOLF, JJ., CONCUR.
910-CITE: 537 So.2d 625 Robert CLINE, M.D. and James Jude, M.D., Appellants, v. Stephen Michael GOUGE,
as Personal Representative of the Estate of Catherine M. Christman, Deceased, Appellee.
TEXT: GLICKSTEIN, Judge. Another panel of the court considered the merits of this case and
reverse...on for attorney s fees. On remand, the trial court is directed to proceed in a manner
consistent with this opinion. LETTS and GUNTHER, JJ., concur.
911-CITE: 661 So.2d 356 William D. JONES, Appellant, v. The UPJOHN COMPANY, Appellee.
TEXT: BLUE, Judge. William D. Jones appeals the dismissal with prejudice of his complaint against
...llateral estoppel as a bar to Jones civil suit. Accordingly, we reverse and remand for further
proceedings. PARKER, A.C.J., and FULMER, J., concur.
912-CITE: 739 So.2d 1189 Eric HEWKO, as Personal Representative of the Estate of Marjorie E. Leland,
deceased, Appellant, v. Gary S. GENOVESE, Gary S. Genovese, P.A., and Conrad, Scherer, James &
Jenne, P.A., a Florida Partnership, Appellees.
TEXT: POLEN, J. Eric Hewko, as personal representative of the Estate of Marjorie E. Leland, the
in...ivity requirement in legal malpractice cases, and properly granted Genovese s motion for
directed verdict. AFFIRMED. DELL and FARMER, JJ., concur.
913-CITE: 711 So.2d 586 Mary ELDER, individually, and Mary Elder, as parent and natural guardian of
Ethan Elder, a minor, Appellant, v. Frank NORTON, M.D., individually and Frank Norton, M.D., P.A.;
Carmella Farulla, M.D, individually; Carmella Farulla, as agent and servant of Vaicaitis, Schorr &
Richards, M.D., P.A.; and Robert Heller, M.D., individually, Appellees.
TEXT: QUINCE, Judge. Mary Elder, individually and as parent and natural guardian of Ethan Elder,
a...less plaintiff when his or her attorney is solely responsible for the abusive conduct.
Accordingly, we reverse. PARKER, C.J., and BLUE, J., concur.
914-CITE: 623 So.2d 1252 WESTERN WASTE INDUSTRIES, INC. OF FLORIDA, Appellant, v. Christine K. MERRIAM f
k a Christine K. Norburg, Appellee.
TEXT: COBB, Judge. The appellant, Western Waste Industries of Florida, challenges the award to
the...e award of $74,000.00 and remand for a new trial on the issue of future medical expenses.
REVERSED AND REMANDED. DAUKSCH and GRIFFIN, JJ., concur.
915-CITE: 528 So.2d 79 Richard A. HOLTAN, Appellant, v. Priscilla J. HOLTAN, Appellee.
TEXT: FRANK, Judge. The former husband has appealed from an order modifying the final judgment
req... In all other aspects the order under review is affirmed. Affirmed in part; reversed in part;
and remanded. RYDER, A.C.J., and PARKER, J., concur.
916-CITE: 661 So.2d 278 Heidi PATE and James Pate, her husband, Petitioners, v. James B. THRELKEL, M.D.;
James B. Threlkel, M.D., P.A.; Gessler Clinic, P.A.; Shands Teaching Hospital & Clinics, Inc.; and
Florida Board of Regents, Respondents.
TEXT: WELLS, Judge. We have for review the following question certified to be of great public
impo...accord with this opinion. It is so ordered. GRIMES, C.J., and OVERTON, KOGAN, HARDING and
ANSTEAD, JJ., concur. SHAW, J., concurs in result only.
917-CITE: 560 So.2d 778 TALLAHASSEE MEMORIAL REGIONAL MEDICAL CENTER, INC., et al., Petitioners, v.
Sheronda A. MEEKS, etc., et al., Respondents.
TEXT: McDonald, Justice. We review Tallahassee Memorial Regional Medical Center, Inc. v. Meeks,
54... the entire case it shall appear that the error complained of has resulted in a miscarriage of
justice. This section shall be liberally construed.
918-CITE: 600 So.2d 517 ALL WEATHER CONTROL, INC. and Feisco, Petitioners, v. Stephen WAWERCZYK,
Respondent.
TEXT: PER CURIAM. This cause is before us on a petition for writ of certiorari to review an order
...etitioner for writ of certiorari is granted, and the order compelling out-of-state medical care
is quashed. BOOTH, BARFIELD and ALLEN, JJ., concur.
919-CITE: 438 So.2d 113 Clemente C. BALA, Jr., M.D., Appellant, v. DEPARTMENT OF PROFESSIONAL
REGULATION, BOARD OF MEDICAL EXAMINERS, Appellee.
TEXT: ON MOTION FOR REHEARING PER CURIAM. Upon consideration of appellant s motion for
rehearing,...ence in the record. Point three is without merit. Accordingly, the order is affirmed.
AFFIRMED. HOBSON, A.C.J., and RYDER and LEHAN, JJ., concur.
920-CITE: 497 So.2d 694 CITY OF CLEARWATER, Appellant, v. Hilton J. HOLZHAUER, Appellee.
TEXT: MILLS, Judge. In this workers compensation case, the City of Clearwater (E C) appeals from
a... the 1980 order as one terminating remedial care during the years preceding the current claims.
Affirmed. BOOTH, C.J., and WENTWORTH, J., concur.
921-CITE: 717 So.2d 1042 PSYCHIATRIC INSTITUTE OF DELRAY, INC. d b a Fair Oaks Hospital At Boca Delray
and David Gross, M.D., Appellants, v. Frank KEEL, as guardian of Kevin Keel, Appellee.
TEXT: PER CURIAM. Appellants, Psychiatric Institute of Delray, Inc., d b a Fair Oaks Hospital at
B...at we have determined were improperly assessed. AFFIRMED IN PART; REVERSED IN PART; AND
REMANDED. STONE, C.J., and GUNTHER and POLEN, JJ., concur.
922-CITE: 740 So.2d 41 VISTA MANOR NURSING HOME and Constitution State Service Co., Appellants, v. Opal
ESTEPP, Appellee.
TEXT: ALLEN, J. The appellants are attempting to appeal a workers compensation order entered
after...wn any basis for an immediate interlocutory appeal under Fla.R.App.P. 9.180(b), this appeal
is accordingly dismissed. ERVIN and DAVIS, JJ., CONCUR.
923-CITE: 617 So.2d 303 In re FLORIDA BOARD OF BAR EXAMINERS RE: C.W.G.
TEXT: PER CURIAM. C.W.G. petitions this Court for review of the recommendation of the Florida
Boar... s petition for admission to the Florida Bar. It is so ordered BARKETT, C.J., and OVERTON,
McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
924-CITE: 481 So.2d 1004 Margaret BARABAS and Paul Barabas, Appellants, v. Alirio ROJAS, M.D., and
Alirio Rojas, M.D., P.A., Appellees.
TEXT: PER CURIAM. Having reversed the judgment in Case No. 84-857 in favor of the appellees,
Aliri...er Section 768.56, Florida Statutes (1983), must also be reversed. Reversed. DOWNEY and
WALDEN, JJ., and WESSEL, JOHN D., Associate Judge, concur.
925-CITE: 682 So.2d 1159 Josef BRUNS, Appellant, v. Rick E. BRUNS, an individual, Lauderdale Medical
Management, Inc., a Florida Corporation, Dr. Rick E. Bruns, P.A., a Florida corporation, and
Lauderdale Diagnostic & Therapy, Inc., a Florida corporation, Estate of Coreen Bruns, Jeannine
Every, Howard Every, Jeffrey C. Ketterson, Gold Coast Medical Management, Inc., a Florida
corporation, MRI Medical Services, Inc., a Florida corporation, and Medical Services of South
Florida, Inc., a Florida corporation, Appellees.
TEXT: PER CURIAM. Appellant urged the trial court to decide this case on summary judgment. A
movan...nt with right of survivorship. Compare Sitomer v. Orlan, 660 So.2d 1111, 1114 (Fla. 4th DCA
1995). AFFIRMED. FARMER, KLEIN and GROSS, JJ., concur.
926-CITE: 679 So.2d 278 Charles KUKRAL and Milly Kukral, Petitioners, v. George D. MEKRAS, M.D.; Miami
Urology Institute, Inc., and Dr. John T. McDonald Foundation d b a Doctors Hospital, Respondents.
TEXT: ANSTEAD, Justice. We have for review Kukral v. Mekras, 647 So.2d 849 (Fla. 3d DCA 1994),
whi...iver of issue; had respondent timely raised issue, petitioners could have attempted to comply
with statute before expiration of limitations period).
927-CITE: 436 So.2d 1034 CADUCEUS SELF INSURANCE FUND, INC., Appellant, v. SOUTH FLORIDA EMERGENCY
PHYSICIANS and Ralph Madio and Madio & Company, Appellees.
TEXT: SCHWARTZ, Chief Judge. Caduceus Self Insurance Fund, Inc. appeals from what we view as a
fin...or any judgment against South Florida which is based upon the al