PAUL T. HEBER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PAUL T. HEBER, APPELLANT,
STATE OF FLORIDA, APPELLEE
537 So. 2d 198
Florida District Court of Appeal, Second District (1989)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
We agree with appellant that the trial court erred in imposing court costs and attorney fees without notice or the opportunity to be heard. Jenkins v. State, 444 So. 2d 947 (Fla.1984). Accordingly, we strike the cost provision without prejudice to the state to seek reassessment after proper notice to appellant. The judgments and sentences are affirmed in all other respects.
RYDER, A.C.J., and FRANK and ALTENBERND, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Raymond C. Santa Lucia, Ph.D. v. Steven M. LeVINE, M.D. & LeVine Surgical Assocs., P.A., 198 So. 3d 803 (Fla. 2d DCA 2016)…y, as to the “pertinent disclosures” — the specific, material risks to the patient. “A plaintiff is required to establish through expert testimony the information which should have been conveyed to her under the circumstances.” Copenhaver v. Miller, 537 So. 2d 198, 200 (Fla. 2d DCA 1989) (citing Pub. Health Trust of Dade Cty. v. Valcin, 507 So. 2d 596, 598 (Fla.1987)). “Only practitioners with knowledge about the medical subject involved are competent to prescribe what information must be imparted.” Gouveia v…
-
Nazzaro v. S. Anthony Wolfe, M.D., 541 So. 2d 143 (Fla. 3d DCA 1989)…ive motion for summary judgment absent defendant’s showing either that complication was not substantial risk inherent in treatment or that failure to so inform plaintiff accorded with accepted standard of medical practice); cf. Copenhaver v. Miller, 537 So. 2d 198 (Fla. 2d DCA 1989). As to Cedars, Nazzaro alleged only that the hospital negligently permitted Dr. Kawamoto, a licensed California physician, to perform surgery in Florida. In its motion for summary judgment, Cedars asserted compliance with all sta…
-
Yentes v. Xenofon Papadopoulos, M.D., & Bond & Steele Clinic, P. A. (Fla. 2d DCA 2022)…plaintiff is required to present expert testimony to establish what information should have been conveyed under the particular circumstances of their case. Santa Lucia v. LeVine, 198 So. 3d 803, 809 (Fla. 2d DCA 2016) (quoting Copenhaver v. Miller, 537 So. 2d 198, 200 (Fla. 2d DCA 1989)). The necessity of expert testimony to establish what information is required to have been conveyed, further precludes entry of judgment on the pleadings. Here, the trial court erred in granting the motion for judgment on t…
Authorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)