NEIL J. KARLIN, M.D. AND FLORIDA PATIENT'S COMPENSATION FUND, APPELLANTS/CROSS APPELLEES,
v.
DONNA DENSON AND JOSEPH DENSON, HER HUSBAND, APPELLEES/CROSS APPELLANTS

Fla. 4th DCA | 1983-09-07
Nos. 82-1984, 82-2085
LETTS, HERSEY and WALDEN, JJ., concur.
447 So. 2d 897 Florida District Court of Appeal, Fourth District (1983) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

This appeal is based on a medical malpractice action. Appellant challenges the trial court’s ruling that Section 768.56, Florida Statutes (1981) is constitutional. That statute provides for the award of attorney's fees to the prevailing party in medical malpractice actions. We affirm upon authority of Florida Medical Center, Inc. v. Von Stetina, 436 So. 2d 1022 (Fla. 4th DCA 1983).

Appellant’s remaining issue was not properly preserved for appeal; thus appel-lee’s issue on cross-appeal need not be addressed.

AFFIRMED.

LETTS, HERSEY and WALDEN, JJ., concur.

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  • Neil J. Karlin, M.D. v. Denson, 472 So. 2d 1155 (Fla. 1985)
    …OVERTON, Justice. This is a petition to review Karlin v. Denson, 447 So. 2d 897 (Fla. 4th DCA 1988), in which the Fourth District Court of Appeal, on the authority of its decision in Florida Medical Center, Inc. v. Von Stetina, 436 So. 2d 1022 (Fla. 4th DCA 1983), upheld the constitutionality of section 768.-56, Florida Statute…
  • Bayfront Med. Ctr., Inc. v. LY, 465 So. 2d 1383 (Fla. 2d DCA 1985)
    …section 768.-56 and found it to be constitutional. Frankowitz v. Propst, 464 So. 2d 1225 (Fla. 4th DCA 1985); Davis v. North Shore Hospital, 452 So. 2d 937 (Fla. 3d DCA 1983); Young v. Altenhaus, 448 So. 2d 1039 (Fla. 3d DCA 1983); Karlin v. Denson, 447 So. 2d 897 (Fla. 4th DCA 1983); Pohlman v. Mathews, 440 So. 2d 681 (Fla. 1st DCA 1983); Florida Medical Center, Inc. v. Von Stetina, 436 So. 2d 1022 (Fla. 4th DCA 1983). The legislature has the power to exempt indigent litigants from the ambit of the statute.…

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