ROLANDO BARBON-ZURITA, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Arthur W. Kush, M.D. v. Lloyd, 616 So. 2d 415 (Fla. 1992)
  …uch a distinction is a matter [*420] for the legislature, not this court, to determine. Carr, 505 So. 2d at 574-75. The district court of appeal in Carr certified conflict with the decision of the Third District Court of Appeal in Phelan v. Hanft, 471 So. 2d 648 (Fla.3d DCA 1985), appeal dismissed, 488 So. 2d 531 (Fla.1986). In Phelan, the court had rejected the defendant’s contention that the plaintiffs malpractice action was barred by the four-year statute of repose where the plaintiff had alleged that th…
• Carr v. Broward Cnty., 541 So. 2d 92 (Fla. 1989)
  …KOGAN, Justice, dissenting. I respectfully dissent. I would adopt the opinion of the Third District Court of Appeal in Phelan v. Hanft, 471 So. 2d 648 (Fla. 3d DCA 1985). To do otherwise, in my opinion, would cause this statute to be unconstitutional as applied to this petitioner by depriving her of her right of access to the courts in violation of article I, section 21 of the Constitution of the…

  ← 1 / 2 →
• Carr v. Broward Cnty., 505 So. 2d 568 (Fla. 4th DCA 1987)
  …est meeting the Kluger test as applied in Overland and that the statute was therefore validly applied to the Carr’s causes of action by the trial court. By way of postscript, we briefly consider the rendering of our sister court in Phelan v. Hauft, 471 So. 2d 648 (Fla. 3d DCA 1985), appeal dismissed, 488 So. 2d 531 (Fla.1986). It seems clear from the recital of facts in that case that the incident occurred and the cause of action arose after the effective date of the applicable statute of repose, and that pl…

Authorities Cited

• Barbon-Zurita v. State, 415 So. 2d 824 (Fla. 3d DCA 1982)