MILDRED IRENE ROBISON, INCOMPETENT, BY AND THROUGH HER GUARDIAN, ETHEL M. BUGERA, APPELLANT,

v.

FLORIDA PATIENT'S COMPENSATION FUND, APPELLEE

Fla. 3d DCA | 1984-11-20

No. 84-934

Before SCHWARTZ, C.J., and DANIEL S. PEARSON and JORGENSON, JJ.

458 So. 2d 1225 Florida District Court of Appeal, Third District (1984) Positive Treatment

Cited by 6 cases

Opinion of the Court

PER CURIAM.

We 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 Fourth District Court of Appeal in Florida Patient’s Compensation Fund v. Tillman, 453 So. 2d 1376 (Fla. 4th DCA 1984).

Affirmed.

Concurrence

JORGENSON, Judge

(concurring specialty)-

I agree that an affirmance is required based on the authorities cited in the court’s opinion. Were I free to do so, I would adopt the well-reasoned dissenting view of my brother Ferguson in Fabal v. Florida Keys Memorial Hospital, 452 So. 2d 946, 947 (Fla. 3d DCA 1984), which in my judgment represents a more appropriate disposition of the issue presented.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Helene Haftel and Louis Haftel v. Fla. Patient's Comp. Fund, 464 So. 2d 249 (Fla. 3d DCA 1985)

…The summary judgment for the Florida Patient’s Compensation Fund, entered because the Fund was joined as a defendant more than two years after the incident 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.…
Neilinger v. Baptist Hosp. OF Miami, Inc., 460 So. 2d 564 (Fla. 3d DCA 1984)

…ith the weight of authority, is entitled to rely on the two-year statute of limitations for medical malpractice claims against health care providers, where, 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…
Robison v. Fla. Patient's Comp. Fund, 478 So. 2d 1062 (Fla. 1985)

…PER CURIAM. This cause is before us pursuant to the certification by the district court that the issue presented is one of great public importance. Robison v. Florida Patient’s Compensation Fund, 458 So. 2d 1225 (Fla. 3d DCA 1984). We have jurisdiction. Art. V, § 3(b)(4), Fla.Const. The same issue, whether the two-year medical malpractice statute of limitations was applicable to the Florida Patient’s Compensation Fund, was presented in Taddiken v. Florida…

Authorities Cited

Fla. Patient's Comp. Fund v. Tillman, 453 So. 2d 1376 (Fla. 4th DCA 1984)
Carlyle S. Fabal and Nancy G. Fabal v. Fla. Keys Mem'l Hosp., 452 So. 2d 946 (Fla. 3d DCA 1984)
Taddiken v. Fla. Patient's Comp. Fund, 449 So. 2d 956 (Fla. 3d DCA 1984)
Lugo v. Fla. Patient's Comp. Fund, 452 So. 2d 633 (Fla. 3d DCA 1984)

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