Supreme Court of Florida
Lawnwood Med. Ctr., Inc. v. Seeger, SC07-1300
On mandatory review in a declaratory judgment action, judgment that the St. Lucie Hospital Governance Law (HGL) vio lated the Florida Constitution is affirmed where: 1) the constitution prohibited special laws granting rights, benefits, and ad vantages to a corporation, and the term "privilege" was not limited to economic benefit or favoritism; 2) the HGL granted to pl aintiff-hospital almost absolute power in running the affairs of the hospital, without meaningful regard for the existing medic al staff bylaws, and this constituted a "privilege" under the meaning of the constitutional provision; and 3) the unconstitutio nal provisions of the law were not severable.
Appellate Information
- Decided 09/10/2008
- Published 09/10/2008
Judges
- PARIENTE, J.
Court
- Supreme Court of Florida
Counsel
- For Appellant:
- Stephen J. Bronis of Zuckerman, Spaeder, LLP, Miami, FL, and Charles W. Hall, William A. Kebler, and Mark D. Tinker of Fowler, White, Boggs and Banker, P.A., St. Petersburg, FL, for Appellant., Harold R. Mardenborough, Jr., of Carr, Allison, Tallahassee, Florida on behalf of American Medical Association and Florida Medical Association, and Glenn J. Webber, Stuart, Florida on behalf of The Association of American Physicians and Surgeons, as Amici Curiae.
- For Appellees:
- Major B. Harding of Ausley and McMullen, Tallahassee, FL, and Richard H. Levenstein of Kramer, Sewell, Sopko and Levenstein, Stuart, FL, for Appellee.