GINO B. VONIA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GINO B. VONIA, APPELLANT,
STATE OF FLORIDA, APPELLEE
767 So. 2d 1227
Florida District Court of Appeal, Second District (2000)
Negative Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Affirmed without prejudice to the appellant filing a motion pursuant to Florida Rule of Criminal Procedure 3.800(a) to address the claim concerning his habitual offender sentence.
BLUE, A.C.J., and SALCINES and STRINGER, JJ„ Concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Horowitz v. Plantation Gen. Hosp. Ltd. P'ship, 959 So. 2d 176 (Fla. 2007)…District Court of Appeal held that there was no indication of legislative intent to impose civil liability on hospitals anywhere in the statutory scheme. See id. at 488. This decision expressly and [*178] directly conflicts with Robert v. Paschall, 767 So. 2d 1227 (Fla. 5th DCA 2000), Baker v. Tenet Healthsystem Hospitals, Inc., 780 So. 2d 170 (Fla. 2d DCA 2001), and Mercy Hospital, Inc. v. Baumgardner, 870 So. 2d 130 (Fla. 3d DCA 2003), all of which recognized a statutory cause of action based on section 458…
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Baker v. Tenet Healthsystem Hosps. Inc., 780 So. 2d 170 (Fla. 2d DCA 2001)…staff privileges at a hospital. This section likewise imposes a statutory duty on a hospital to assure the financial responsibility of its staff-privileged physicians who use the hospital for medical treatment and procedures. See Robert v. Paschall, 767 So. 2d 1227 (Fla. [*172] 5th DCA 2000).1 Thus, count XI does state a cause of action against the hospital under section 458.320(2)(b). However, the cause of action will not accrue until the Bakers establish liability on the part of the staff physicians, and the…
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Plantation Gen. Hosp. Ltd. P'ship v. Horowitz, 895 So. 2d 484 (Fla. 4th DCA 2005)…lso points out that, in presenting the motion for summary judgment, the issue had been narrowed as a result of the stipulation of the parties as to the operative facts. The parties had reduced the issue to whether the holdings in Robert v. Paschall, 767 So. 2d 1227 (Fla. 5th DCA 2000), and Baker v. Tenet Healthsystem Hospitals Inc., 780 So. 2d 170 (Fla. 2d DCA 2001), would apply to this case, where the underlying malpractice occurred in the physician’s office rather than the hospital. In response to the motion…1 / 2
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