RALPH LUGO, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JANE LUGO, DECEASED, APPELLANT,
v.
FLORIDA PATIENT'S COMPENSATION FUND, APPELLEE

Fla. 3d DCA | 1984-06-12
No. 83-932
Before SCHWARTZ, C.J., and BARK-DULL and DANIEL S. PEARSON, JJ.
452 So. 2d 633 Florida District Court of Appeal, Third District (1984) Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Fabal v. Florida Keys Memorial Hospital, 452 So. 2d 946 (Fla. 3d DCA 1984); Taddiken v. Florida Patient’s Compensation Fund, 449 So. 2d 956 (Fla. 3d DCA 1984).

Other

ON MOTION FOR REHEARING

The appellant’s motion for rehearing is denied. However, we hereby certify to the Supreme Court of Florida that the decision in this case involves the following question of great public importance:

Whether a claim against the Florida Patient’s Compensation Fund arises at the time of the alleged medical malpractice, rather than when judgment is entered against the tortfeasor, and is governed by the two year statute of limitations provided by Section 95.11(4)(b), Florida Statutes (1977), so that the Fund must be made or joined as a party defendant within two years after the malpractice action accrues?

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Robison v. Fla. Patient's Comp. Fund, 458 So. 2d 1225 (Fla. 3d DCA 1984)
    …e affirm the summary judgment entered by the trial court in favor of the Florida Patient’s Compensation Fund on the authority of Fabal v. Florida Keys Memorial Hospital, 452 So. 2d 946 (Fla. 3d DCA 1984); Lugo v. Florida Patient’s Compensation Fund, 452 So. 2d 633 (Fla. 3d DCA 1984); Taddiken v. Florida Patient’s Compensation Fund, 449 So. 2d 956 (Fla. 3d DCA 1984). Consistent with our decision in Lugo, we certify the issue presented in this case as one of great public importance. We note conflict with the Fo…
  • Helene Haftel and Louis Haftel v. Fla. Patient's Comp. Fund, 464 So. 2d 249 (Fla. 3d DCA 1985)
    …in question, is affirmed on the authority of Robison v. Florida Patient’s Compensation Fund, 458 So. 2d 1225 (Fla. 3d DCA 1984); Fabal v. Florida Keys Memorial Hospital, 452 So. 2d 946 (Fla. 3d DCA 1984); Lugo v. Florida Patient’s Compensation Fund, 452 So. 2d 633 (Fla. 3d DCA 1984); and Taddiken v. Florida Patient’s Compensation Fund, 449 So. 2d 956 (Fla. 3d DCA 1984). We again certify that this decision involves a question of great public importance1 and is in direct conflict with Florida Patient’s Compensa…
  • Neilinger v. Baptist Hosp. OF Miami, Inc., 460 So. 2d 564 (Fla. 3d DCA 1984)
    …as here, the Fund is made a party defendant. Robison v. Florida Patient’s Compensation Fund, 458 So. 2d 1225 (Fla. 3d DCA 1984); Fatal v. Florida Keys Memorial Hospital, 452 So. 2d 946 (Fla. 3d DCA 1984); Lugo v. Florida Patient’s Compensation Fund, 452 So. 2d 633 (Fla. 3d DCA 1984); Taddiken v. Florida Patient’s Compensation Fund, 449 So. 2d 956 (Fla. 3d DCA 1984); Burr v. Florida Patient’s Compensation Fund, 447 So. 2d 349 (Fla. 3d DCA), pet. for review denied, 453 So. 2d 43 (Fla.1984); contra Florida Patie…

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