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-