PSYCHIATRIC ASSOCIATES, A PROFESSIONAL ASSOCIATION; ALVIN NEUMEYER, M.D., EUGENE VALENTINE, M.D., AND FRANK GILL, M.D., APPELLANTS,
v.
EDWARD A. SIEGEL, M.D., APPELLEE
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PER CURIAM.
We deny the petition for writ of certiorari to review the non-final order denying petitioners’ motion to require respondent to post bond as security for attorney’s fees. We approve the trial court’s ruling that sections 395.011(10)(b) and 395.-0115(5)(b), Florida Statutes (1987), and section 766.101(6)(b), Florida Statutes (Supp. 1988), which require the posting of a bond or other security for attorney’s fees as a condition to bringing the action, violate article I, section 21, of the Florida Constitution 1 and hold that it does not constitute a departure from the essential requirements of law. We agree with Judge Anstead’s well-reasoned dissent in Guerrero v. Humana, Inc., 548 So. 2d 1187 (Fla. 4th DCA 1989),2 and adopt it as our opinion in this case. We certify this decision to the supreme court for review pursuant to rule 9.030(a), Florida Rules of Appellate Procedure.
JOANOS, WIGGINTON and ZEHMER, JJ., Concur. . This clause is commonly referred to as the "guarantee of access to courts clause.”
. The statute at issue in Guerrero, section 768.-40, is the predecessor to section 766.101; subsection (6)(b) of section 768.40 is identical to subsection (6)(b) of section 766.101.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By
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Psychiatric Assocs. v. Edward A. Siegel, M.D., 610 So. 2d 419 (Fla. 1992)…HARDING, Justice. We have for appellate review Psychiatric Associates v. Siegel, 567 So. 2d 52 (Fla. 1st DCA 1990), and Sittig v. Tallahassee Memorial Regional Medical Center, Inc., 567 So. 2d 486 (Fla. 1st DCA 1990), in which the First District Court of Appeal invalidated sections 395.01l(10)(b) 395.0115(5)(b)2, [*421] Florida Statutes (198…
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Cmty. Hosp. OF THE Palm Beaches, Inc. v. Luis Guerrero, M.D., 579 So. 2d 304 (Fla. 4th DCA 1991)…ourt decision that the bond provisions of sections 395.0115(8)(b) and 768.40(6)(b),1 Florida Statutes, violate Article I, Section 21 of the Florida Constitution as an unconstitutional burden on access to the courts. Psychiatric Associates v. Siegel, 567 So. 2d 52 (Fla. 1st DCA 1990). The statutory provisions in question require a health care professional, contesting peer review or related decisions involving discipline or a loss of privileges, to post security in the amount of the opposing parties’ potential…
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Joseph Ovadia, M.D. v. CRH Props., 586 So. 2d 440 (Fla. 3d DCA 1991)…(6)(b), Florida Statutes (1989). We reverse. We agree with our sister courts in Community Hosp. of the Palm Beaches, Inc. v. Guerrero, 579 So. 2d 304 (Fla. 4th DCA), appeal docketed, No. 78,-017 (Fla. June 3, 1991), and Psychiatric Assoc. v. Siegel, 567 So. 2d 52 (Fla. 1st DCA), appeal docketed, No. 76,844 (Fla. Oct. 25, 1990), and hold that sections 395.-0115(8)(b), and 766.101(6)(b), requiring the posting of a bond or other security sufficient to pay costs and attorney’s fees, infringe on the right of acce…
Authorities Cited
- Luis Guerrero, M.D. v. Humana, Inc., 548 So. 2d 1187 (Fla. 4th DCA 1989)
- Stoneking v. State, 548 So. 2d 1187 (Fla. 1st DCA 1989)