ELVERA ISABELLA AND ALBERT ISABELLA, APPELLANT,
v.
FLORIDA PATIENT'S COMPENSATION FUND, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Fourth District Court of Appeal reversed summary judgment dismissing a medical malpractice claim against the Florida Patient's Compensation Fund on statute of limitations grounds, holding that the limitations period had not expired under the applicable statutory provisions.
The statute of limitations for claims against the Florida Patient's Compensation Fund had not expired when appellants amended their complaint more than four and a half years after accrual of their medical malpractice claim.
[1] A claim against the Florida Patient's Compensation Fund is not barred by the statute of limitations under Sections 95.11(3)(f) and 95.11(4)(b), Florida Statutes, when the…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceAppellants Elvera and Albert Isabella brought a medical malpractice claim and more than four and a half years after accrual of the claim, amended thei…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Relation Back Of Amendments cases and more on FLexlaw
DELL, Judge.
Appellants seek reversal of a final summary judgment entered in favor of the Florida Patient’s Compensation Fund.
More than four and a half years after accrual of their claim for medical malpractice, appellants amended their complaint to add the Florida Patient’s Compensation Fund. On motion for summary judgment, the trial court held that under Sections 95.11(3)(f) and 95.11(4)(b), Florida Statutes (1983), the statute of limitations had expired on appellants’ claim against appellee, and granted appellee’s motion on the authority of Owens v. Florida Patient’s Compensation Fund, 428 So. 2d 708 (Fla. 1st DCA 1983).
Our decision in Florida Patient’s Compensation Fund v. Tillman, 453 So. 2d 1376 (Fla. 4th DCA 1984), although issued after the trial court’s decision, requires reversal of the summary judgment in favor of appellee. We again acknowledge that this court’s decision is in direct and express conflict with the following cases: 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. 2d DCA 1984); Owens v. Florida Patient’s Compensation Fund, 428 So. 2d 708 (Fla. 1st DCA 1983), petition for review denied, 436 So. 2d 100 (Fla.1983); Mercy Hospital, Inc. v. Menendez, 371 So. 2d 1077 (Fla. 3d DCA 1979), cert. denied and appeal dismissed, 383 So. 2d 1198 (Fla.1980); and Fabal v. Florida Keys Memorial Hospital, 452 So. 2d 946 (Fla. 3d DCA 1984).
REVERSED and REMANDED.
HERSEY and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Fla. Patient's Comp. Fund v. Elvera Isabella and Albert Isabella, 478 So. 2d 1063 (Fla. 1985)…PER CURIAM. We have before us by petition for review Isabella v. Florida Patient’s Compensation Fund, 462 So. 2d 129 (Fla. 4th DCA 1985), because of express and direct conflict with several district court of appeal decisions, including Taddiken v. Florida Patient’s Compensation Fund, 449 So. 2d 956 (Fla.3d DCA 1984), and Fatal v. Florida Keys Memorial Hospital, 45…
-
S. Broward Hosp. Dist. v. Brittnay Dupont, 683 So. 2d 1135 (Fla. 4th DCA 1996)…denied the motion, and the hospital seeks review. Generally, certiorari will not be granted to review an order denying a motion for summary judgment, because petitioner will have an adequate remedy on final appeal. Estate of Schleusener v. Stuart, 462 So. 2d 129 (Fla. 4th DCA 1986). This case does not fall within any recognized exception to that general rule, and petitioner has not persuaded us that one should be carved out here. Globe Newspaper Co. v. King, 658 So. 2d 518 (Fla.1995), holding that appellate…
-
Cohen v. Paul Baxt, M.D., 473 So. 2d 1340 (Fla. 4th DCA 1985)…und is not involved in the conduct giving rise to the cause of action, its defense depends upon that of the health care provider, whether the Fund is added early or late. This court in Tillman and in Isabella v. Florida Patient’s Compensation Fund, 462 So. 2d 129 (Fla. 4th DCA 1985), in hold [*1342] ing that the statute of limitations was unavailable as a defense for the Fund, recognized that it was in direct and express conflict with the first, second and third districts. See Owens v. Florida Patient’s Comp…
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
- Fla. Patient's Comp. Fund v. Tillman, 453 So. 2d 1376 (Fla. 4th DCA 1984)
- Mercy Hosp., Inc. v. Menendez, 371 So. 2d 1077 (Fla. 3d DCA 1979)
- Carlyle S. Fabal and Nancy G. Fabal v. Fla. Keys Mem'l Hosp., 452 So. 2d 946 (Fla. 3d DCA 1984)
- Burr v. Fla. Patient's Comp. Fund, 447 So. 2d 349 (Fla. 2d DCA 1984)
- Taddiken v. Fla. Patient's Comp. Fund, 449 So. 2d 956 (Fla. 3d DCA 1984)
- Owens v. Fla. Patient's Comp. Fund, 428 So. 2d 708 (Fla. 1st DCA 1983)