YOLANDA GUTIERREZ, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RUY GUTIERREZ, APPELLANT,

v.

EDGARDO CHERNER, M.D., AND CORAL GABLES HOSPITAL, INC., APPELLEES

Citator

Cited By

• Symonette v. State, 778 So. 2d 500 (Fla. 3d DCA 2001)
  …d properly be viewed with some measure of skepticism by the trial judge in determining the genuineness of the proffered reason. Nevertheless, defendant did not make this argument to the lower court and it was therefore waived. See Morrison v. State, 731 So. 2d 864 (Fla. 3d DCA 1999); Fotopoulos v. State, 608 So. 2d 784, 788 [*503] (Fla.1992); Davis v. State, 691 So. 2d 1180 (Fla. 3d DCA 1997). Even if the issue had been properly preserved, there are circumstances where a prior experience as the victim of a c…
• Morrison v. State, 932 So. 2d 533 (Fla. 3d DCA 2006)
  …2d 435 (2000), and Blakely v. Washington, 542 U.S. 961, 125 S.Ct. 21, [*534] 159 L.Ed.2d 851 (2004). The trial court correctly denied that claim. The defendant’s convictions and sentences became final on direct appeal in 1999. See Morrison v. State, 731 So. 2d 864 (Fla. 3d DCA 1999). The decisions in Apprendi and Blakely are not retroactive. See Hughes v. State, 901 So. 2d 837, 838 (Fla.2005); Reed v. State, 898 So. 2d 1204, 1205 (Fla. 3d DCA 2005). The more substantial issue is the defendant’s claim to enti…

Authorities Cited

• Garvin v. State, 685 So. 2d 15 (Fla. 3d DCA 1996)
• Cleveland Clinic Fla. v. Wilson, 685 So. 2d 15 (Fla. 4th DCA 1996)
• Aurelio Garcia and Alina Garcia v. Emerson Elec. Co., 677 So. 2d 20 (Fla. 3d DCA 1996)