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District Court of Appeal of Florida


Notami Hosp. of Florida, Inc. v. Bowen, 1D05-4149

A petition for certiorari review brought by a hospital, a defendant in medical malpractice actions, is denied where the trial court did not depart from the essential requirements of law in ruling that: 1) Amendment 7 of the Florida Constitution is not unconstitutionally retrospective; 2) it is self-executing and prospective in operation, but retrospective as to extant records; and 3) that its implementing statute was unconstitutional.

Appellate Information

  • Decided 04/21/2006
  • Published 04/21/2006

Judges

  • HAWKES, J.

Court

  • District Court of Appeal of Florida

Counsel

  • For Appellant:
  • Stephen Bronis and Steven Wisotsky of Zuckerman Spaeder LLP, Miami, & Charles Shad of Saalfield, Shad, Jay, Lucas & Stokes, P.A., Jacksonville, for Petitioner., Jerome Hoffman of Holland & Knight, Tallahassee & Michael Tanner of Holland & Knight, Jacksonville, as Amici Curiae for Petitioner.

  • For Appellees:
  • Lisa Shearer Nelson of Holtzman Equels, Tallahassee, for Respondents., Lincoln Connolly of Rossman, Baumberger, Reboso & Spier, P.A., Miami, & Philip Burlington, of Burlington & Rockenbach, P.A., West Palm Beach, as Amici Curiae for Respondents.
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