COMMUNITY HOSPITAL OF THE PALM BEACHES, INC., ETC., ET AL., APPELLANTS,
v.
LUIS GUERRERO, M.D., APPELLEE
PER CURIAM.
We have for appellate review Community Hospital of the Palm Beaches, Inc. v. Guerrero, 579 So. 2d 304 (Fla. 4th DCA 1991), in which the Fourth-District Court of Appeal held that section 395.0115(8)(b), Florida Statutes (1989), and section 768.-40(6)(b), Florida Statutes (1987),1 violated article I, section 21 of the Florida Constitution, right of access to the courts. We have jurisdiction based on article V, section 3(b)(1) of the Florida Constitution. We affirm the decision below based on Psychiatric Associates v. Siegel, 610 So. 2d 419 (Fla.1992).
It is so ordered.
BARKETT, C.J., and SHAW, GRIMES, KOGAN and HARDING, JJ., concur. . Section 768.40(6)(b), Florida Statutes (1987) was renumbered as section 766.101(6)(b), Florida Statutes (Supp.1988).
OVERTON, Justice,
dissenting:
I dissent for the reasons expressed in Psychiatric Associates v. Siegel, 610 So. 2d 419 (Fla.1992).
McDONALD, J., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Smith v. Neil A. Fisher, M.D., 965 So. 2d 205 (Fla. 4th DCA 2007)…abolishment of the right, and finds that there is no alternative method of meeting such public necessity. Psychiatric Assocs., 610 So. 2d at 424; see Cmty. Hosp. of the Palm Beaches, Inc. v. Guerrero, 579 So. 2d 304, 305 (Fla. 4th DCA 1991), affd, 610 So. 2d 418 (Fla.1992). Section 68.093 satisfies the second Klu-ger test.4 In Mitchell v. Moore, 786 So. 2d 521, 527 (Fla.2001), the supreme court equated the Kluger “no alternative method of correcting the problem” test with the “goal-method test used in bot…
-
T.A. Enters., Inc. v. Olarte, Inc., 931 So. 2d 1016 (Fla. 4th DCA 2006)…abolishment of the right, and finds that there is no alternative method of meeting such public necessity. Psychiatric Assocs., 610 So. 2d at 424; see Cmty. Hosp. of the Palm Beaches, Inc. v. Guerrero, 579 So. 2d 304, 305 (Fla. 4th DCA 1991), aff'd, 610 So. 2d 418 (Fla.1992). Applying this test to section 681.1095(14), we find that the statute fails to provide a manufacturer with an alternative remedy for appeal or a commensurate benefit. A manufacturer’s appeal is heard only after paying the consumer’s atto…
-
Int'l Residential Corp. v. Taylor, 622 So. 2d 1165 (Fla. 3d DCA 1993)…enied, but without prejudice to raise the issue by way of appeal. See Feldman v. Glucroft, 553 So. 2d 282, 284 (Fla. 3d DCA 1989); see also Ovadia v. CRH Properties, 586 So. 2d 440, 441 (Fla. 3d DCA 1991), aff'd sub nom. Doctors’ Hospital v. Ovadia, 610 So. 2d 418 (Fla.1992). Certiorari denied.…
Authorities Cited
- Psychiatric Assocs. v. Edward A. Siegel, M.D., 610 So. 2d 419 (Fla. 1992)
- Cmty. Hosp. OF THE Palm Beaches, Inc. v. Luis Guerrero, M.D., 579 So. 2d 304 (Fla. 4th DCA 1991)