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District Court of Appeal of Florida


Montejo v. Martin Mem'l Med. Ctr., Inc., 4D05-652

An order dismissing with prejudice a guardian's false imprisonment claim against a hospital is reversed and remanded where the center was not cloaked with absolute immunity from civil liability when acting pursuant to a void court order, which had allowed the deportation of the guardian's ward, an undocumented alien severely injured in a car accident, to Guatemala.

Appellate Information

  • Decided 08/23/2006
  • Published 08/23/2006

Judges

  • STEVENSON, C.J.

Court

  • District Court of Appeal of Florida

Counsel

  • For Appellant:
  • Jack Scarola and Jack P. Hill of Searcy Denney Scarola Barnhart & Shipley, P.A., West Palm Beach, and Brenda J. Carter, Fort Lauderdale, for appellant.

  • For Appellees:
  • Scott H. Michaud and K. Calvin Asrani of Michaud, Mittelmark & Antonacci, P.A., Boca Raton, for appellee.
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