JANICE MADDOX, APPELLANT,
v.
TALLAHASSEE MEMORIAL REGIONAL MEDICAL CENTER, DR. MARK GOLDBERG, AND DR. W.F. LINDSEY, APPELLEES
Explore caselaw by topic → Browse Discretion Of Trial Court cases and more on FLexlaw
PER CURIAM.
Plaintiff-appellant was unable to produce expert medical evidence to support her medical malpractice action, and her belated attempt to secure such evidence after the trial court granted appellees’ motions for summary judgment was denied. We affirm the summary final judgment in appellees’ favor on authority of Sims v. Helms, 345 So. 2d 721 (Fla.1977); Coffman Realty, Inc. v. Tosohatchee Game Preserve, Inc., 381 So. 2d 1164 (Fla. 5th DCA 1980), aff’d 413 So. 2d 1 (Fla.1982); Willis v. L.W. Foster Sportswear Co., Inc., 352 So. 2d 922 (Fla. 2nd DCA 1977). National Properties, Inc. v. Balinger Corporation, 277 So. 2d 29 (Fla. 3rd DCA 1973), relied upon by appellant, ap pears to have no vitality in view of the Florida Supreme Court’s approval of Coff-man, supra. See, Stolzenburg v. Forte Towers South, Inc., 430 So. 2d 558 (Fla. 3rd DCA 1983), agreeing with Coffman that admissibility of an affidavit in opposition to a motion for summary judgment, filed in conjunction with a motion for rehearing, is a matter within the discretion of the trial court.
AFFIRMED.
LARRY G. SMITH, JOANOS and WENTWORTH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
The Est. OF Norma J. Johnson v. Badger Acquisition OF Tampa LLC, 983 So. 2d 1175 (Fla. 2d DCA 2008)…721 (Fla.1977); see also Borne v. Lawnwood Reg’l Med. Ctr., Inc., 767 So. 2d 542 (Fla. 4th DCA 2000), review denied, 791 So. 2d 1095 (Fla.2001); DeMesme v. Stephenson, 498 So. 2d 673 (Fla. 1st DCA 1986); Maddox v. Tallahassee Mem’l Reg’l Med. Ctr., 438 So. 2d 1041 (Fla. 1st DCA 1983); Henriquez v. Publix Super Markets, Inc., 434 So. 2d 53 (Fla. 3d DCA 1983); Pope v. Cruise Boat Co., 380 So. 2d 1151, 1154 (Fla. 3d DCA 1980) (Schwartz, J., concurring specially); Thomas v. Berrios, 348 So. 2d 905 (Fla. 2d DCA 19…
-
Gregoria Valcin and Gerard Valcin v. Pub. Health Tr. OF Dade Cnty., 473 So. 2d 1297 (Fla. 3d DCA 1984)…a summary judgment hearing, see Coffman Realty, Inc. v. Tosohatchee Game Preserve, Inc., 413 So. 2d 1 (Fla.1982); Lufthansa German Airlines Corp. v. Mellon, 444 So. 2d 1066 (Fla. 3d DCA 1984); Maddox v. Tallahassee Memorial Regional Medical Center, 438 So. 2d 1041 (Fla. 1st DCA 1983); Stolzenberg v. Forte Towers South, Inc., 430 So. 2d 559 (Fla. 3d DCA 1983), the trial court’s rejection of the affidavit is immaterial, since the plaintiff had no burden to prove a departure from the standard of care in the abse…
-
Dep't of Health & Rehabilitative Servs. v. Am. Healthcorp of Vero Beach, Inc., 471 So. 2d 1312 (Fla. 1st DCA 1985)…ing the June 1983 moratorium. As to the affidavits HRS filed after summary judgment, we note only that the admissibility of the affidavits was a matter within the discretion of the trial court. Maddox v. Tallahassee Memorial Regional Medical Center, 438 So. 2d 1041 (Fla. 1st DCA 1983); [*1316] Coffman Realty, Inc. v. Tosohatchee Game Preserve, Inc., 381 So. 2d 1164 (Fla. 5th DCA 1980), aff'd., 413 So. 2d 1 (Fla.1982). In light of our decision to reverse on purely legal grounds, we find no need to address appel…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Coffman Realty, Inc. v. Tosohatchee Game Preserve, Inc., 413 So. 2d 1 (Fla. 1982)
- McArthur Breedlove v. State, 413 So. 2d 1 (Fla. 1982)
- Coffman Realty, Inc. v. Tosohatchee Game Preserve, Inc., 381 So. 2d 1164 (Fla. 5th DCA 1980)
- M. David Sims, M.D. v. Helms, 345 So. 2d 721 (Fla. 1977)
- Stolzenberg v. Forte Towers S., Inc., 430 So. 2d 558 (Fla. 3d DCA 1983)
- Willis v. L. W. Foster Sportswear Co., Inc., 352 So. 2d 922 (Fla. 2d DCA 1977)
- Green v. State, 277 So. 2d 29 (Fla. 1st DCA 1973)