EVELYN DAWSON, APPELLANT,
v.
C. E. SHEPPARD ROOFING, INC., A FLORIDA CORPORATION, APPELLEE

Fla. 3d DCA | 1981-10-27
No. 81-370
Before HUBBART, C. J., and HENDRY and SCHWARTZ, JJ.
405 So. 2d 1022 Florida District Court of Appeal, Third District (1981) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed.

Dissent
SCHWARTZ, Judge

SCHWARTZ, Judge

(dissenting).

Because I believe that the amount awarded the appellant in attorney’s fees under Section 713.29, Florida Statutes (1979) was unreasonably low, see March v. March, 395 So. 2d 200 (Fla. 3d DCA 1981), I would reverse the order under review.


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  • Arthur W. Kush, M.D. v. Lloyd, 616 So. 2d 415 (Fla. 1992)
    …ulting cause of action for wrongful birth extinguished by the four-year statute of repose if the genetically impaired child is born more than four years after the negligent diagnosis? The district court also certified conflict with Moores v. Lucas, 405 So. 2d 1022 (Fla. 5th DCA 1981). We have jurisdiction. Art. Y, § 3(b)(3), (4), Fla. Const. In 1976, Diane Lloyd gave birth to a deformed son. Her pediatrician, Dr. Pedro Diaz, later referred her and her husband, Anthony Lloyd, for genetic testing. The physicia…
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  • Fassoulas v. Ramey, 450 So. 2d 822 (Fla. 1984)
    …nary rearing expenses for a defective child are not recoverable as damages in Florida. We agree with the district court below that an exception exists in the case of special upbringing expenses associated with a deformed child. See Moores v. Lucas, 405 So. 2d 1022 (Fla. 5th DCA 1981). Special medical and educational expenses, beyond normal rearing costs, are often staggering and quite debilitating to a family’s financial and social health; “indeed, the financial and emotional drain associated with raising suc…
  • Ramey v. Fassoulas, 414 So. 2d 198 (Fla. 3d DCA 1982)
    …a cause of action sounding in negligence against a physician for performing a negligent vasectomy, sterilization, or abortion [or for otherwise performing negligent medical services] which results in the birth of an unwanted child. Moores v. Lucas, 405 So. 2d 1022 (Fla. 5th DCA 1981); Public Health Trust v. Brown, 388 So. 2d 1084 (Fla. 3d DCA 1980), pet. for review denied, 399 So. 2d 1140 (Fla.1981); Jackson v. Anderson, 230 So. 2d 503 (Fla. 2d DCA 1970). Although the recoverable items of damages tend to be m…
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