HOWARD L. HAMILTON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Cent. Fla. Reg'l Hosp. v. Hill, 721 So. 2d 404 (Fla. 5th DCA 1998)
  …s release. Such a requirement is unreasonable. Furthermore, the absence of evidence of an injury reflected in medical records would not necessarily preclude a plaintiff from obtaining a corroborating expert opinion. See generally, Watson v. Beckman, 695 So. 2d 436 (Fla. 3d DCA 1997); Stebilla v. Mussallem, 595 So. 2d 136 (Fla. 5th DCA), rev. denied, 604 So. 2d 487 (Fla.1992). We conclude that the trial court departed from the essential requirements of law in refusing to dismiss Hill’s complaint. We grant the…
• Medina v. The Pub. Health Tr., 743 So. 2d 541 (Fla. 3d DCA 1999)
  …v. Olortegui, 662 So. 2d 1361 (Fla. 4th DCA 1995). See also Otto v. Rodriguez, 710 So. 2d 1 (Fla. 4th DCA)(failure to comply with records request waives corroborating opinion requirement), review denied, 718 So. 2d 170 (Fla.1998); Watson v. Beckman, 695 So. 2d 436 (Fla. 3d DCA 1997)(same). Medina’s Notice properly characterized the waiver, and the trial court erred in finding otherwise. Based on the foregoing, we reverse the dismissal and remand for further proceedings. Reversed and remanded.…
• Hamilton v. State, 701 So. 2d 858 (Fla. 1997)
  …WELLS, Justice. We have for review Hamilton v. State, 695 So. 2d 436 (Fla. 4th DCA 1997), which certified the same question of great public importance answered by this Court in Paccione v. State, 698 So. 2d 252 (Fla.1997). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We quash the decision below and remand for…

Authorities Cited

• Berovides v. Admiral Fish Co., Inc., 676 So. 2d 529 (Fla. 3d DCA 1996)
• Paccione v. State, 676 So. 2d 529 (Fla. 4th DCA 1996)