JANICE ALFARO AND TERESITA PEREZ, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1991-01-04
Nos. 88-1406, 88-1444
LETTS, WALDEN and POLEN, JJ., concur.
580 So. 2d 160 Florida District Court of Appeal, Fourth District (1991) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse and remand the appellant’s order of probation with the instruction that the trial court conform the order to exactly reflect its oral pronouncement. As it presently reads, the order appears to place the appellant on probation on “All Counts.” The record indicates that the trial court placed the appellant on five years probation only on Counts 82, 84, 86 and 88.

We have reviewed the remaining issues and find that they are without merit.

REVERSED AND REMANDED WITH INSTRUCTIONS.

LETTS, WALDEN and POLEN, JJ., concur. Judge WALDEN was assigned to panel after oral argument.


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  • Pate v. James B. Threlkel, M.D., 661 So. 2d 278 (Fla. 1995)
    …duty obviously runs to the patient who is in privity with the physician. In the past, courts have held that in order to maintain a cause of action against a physician, privity must exist between the plaintiff and the physician. See Joseph v. Shafey, 580 So. 2d 160 (Fla. 3d DCA 1990), review denied, 592 So. 2d 681 (Fla. 1991), Boynton v. Burglass, 590 So. 2d 446 (Fla. 3d DCA 1991). In other professional relationships, however, we have recognized the rights of identified third party beneficiaries to recover fro…
  • Werner v. Varner, Stafford & Seaman, P.A., 659 So. 2d 1308 (Fla. 4th DCA 1995)
    …ysician/patient relationship. Generally, in Florida, in order to maintain a cause of action against a physician, privity must exist between the plaintiff and the physician. See Boyton v. Burglass, 590 So. 2d 446 (Fla. 3d DCA 1991); Joseph v. Shafey, 580 So. 2d 160 (Fla. 3d DCA 1990), rev. denied, 592 So. 2d 681 (Fla.1991). The only exception to the above-stated rule that had previously surfaced were cases dealing with readily identifiable third parties and contagious diseases. For instance, in Hoffman v. Bach…
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    …ne of risk encompassing Heidi Pate, and that the general rule of privity would apply to affirm the trial court’s dismissal of the cause. In so ruling, we find analogous the analysis employed by the Third District Court of Appeal in Joseph v. Shafey, 580 So. 2d 160 (Fla. 3d DCA 1990), rev. den., 592 So. 2d 681 (Fla.1991). Therein, Dr. Shafey, a neurologist, treated a City of Miami police officer for a pituitary gland tumor. The treatment included a craniotomy to remove the tumor. After the operation the office…

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