LAWNWOOD MEDICAL CENTER, INC. D/B/A LAWNWOOD REGIONAL MEDICAL CENTER, A FLORIDA CORPORATION; RICHARD ALLEN, M.D., SCOTT KATZMAN, M.D., GIRALDO CEPEDA, M.D., JULIETTE LOMAX-HOMIER, M.D., KEVIN O'LOUGHLIN, M.D., HAROLD SCHULMAN, M.D., JAMES ROBERTS, M.D., PRITHVI SAWH, M.D., ROBERT ANDERSON, D.O., AND ROBIN CONNOLLY, M.D.; INDIVIDUALLY AND AS PURPORTED MEMBERS OF THE MEDICAL EXECUTIVE COMMITTEE OF LAWNWOOD MEDICAL CENTER, APPELLANTS/CROSS-APPELLEES,
v.
PERRY R. LLOYD, III, M.D.; DAVID FROMANG, M.D.; EZRA MARSHALL, M.D.; AND RAMESH NAYYAR, M.D.; INDIVIDUALLY AND ON BEHALF OF SIMILARLY SITUATED PHYSICIANS ON THE MEDICAL STAFF OF LAWNWOOD MEDICAL CENTER, APPELLEES/CROSS-APPELLANTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court affirmed a temporary injunction in a medical staff dispute but remanded for a hearing on bond amount after finding the trial court failed to allow appellants to address the bond.
A temporary injunction in a medical staff dispute is affirmed, but the case is remanded to allow appellants an opportunity to be heard on the bond amount.
[1] Evidentiary rulings made during preliminary injunction proceedings that do not affect the injunction itself are not presently reviewable on appeal and are not subject to…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceLawnwood Medical Center and members of its Medical Executive Committee sought to enjoin physicians on the medical staff from certain actions in a disp…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Evidentiary Rulings cases and more on FLexlaw
SHAHOOD, J.
We affirm the Amended Temporary Injunction entered by the trial court in this case. However, because the court set the bond in this case without allowing appellants an opportunity to address the bond amount, we remand to the trial court to set and conduct an expedited hearing to redetermine the amount of bond.
Appellees raise on cross-appeal the propriety of some of the trial court’s rulings that allowed into evidence certain items. These claims are not raised in relation to the injunctive order on appeal, which appellees do not challenge. Instead, the rulings are challenged in order to prevent the use of the evidence in future proceedings. For that purpose, the rulings are not presently reviewable. They are similar to a denial of a motion in limine. Such rulings are not covered by Florida Rule of Appellate Procedure 9.130(a)(3), which enumerates the non-final orders which are appealable. See In re Estate of Hayward, 463 So. 2d 446 (Fla. 4th DCA 1985). Also, the rulings are not reviewable through certiorari because an adequate remedy is available through final appeal. See Bridges v. Bridges, 734 So. 2d 551 (Fla. 4th DCA 1999); Hayward, 463 So. 2d at 446. Accordingly, we dismiss the cross-appeal without prejudice to appellees seeking review of their claims on final appeal.
AFFIRMED IN PART; REVERSED IN PART AND REMANDED.
GUNTHER and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Lawnwood Med. Ctr., Inc. v. Randall Seeger, M.D., 990 So. 2d 503 (Fla. 2008)…. See Lloyd v. Lawnwood Med. Ctr., Inc., No. 99-CA-001180BC, 2000 WL 309305, at *4 (Fla. 19th Cir.Ct. Feb. 16, 2000) (citing Walker v. Lawnwood Med. Ctr., Inc., No. 99-159 CA 03 (Fla. 19th Cir.Ct.1999) (order granting preliminary injunction)) aff'd, 773 So. 2d 114 (Fla. 4th DCA 2000). The trial court order in Walker enumerated various options other than Lawnwood’s unilateral suspension of the doctors that Lawnwood could utilize if it believed that the MEC was not discharging its responsibilities regarding pee…
-
Lawnwood Med. Ctr. Inc. v. Samuel H. Sadow, M.D., 43 So. 3d 710 (Fla. 4th DCA 2010)…Lawnwood ultimately approved the Downing group for exclusive privileges in CVS before its facility was finally opened. . See Lloyd v. Lawnwood Med. Ctr., Inc., 2000 WL 309305 (Fla. 19th Cir. Feb. 16, 2000). . See Lawnwood Med. Ctr., Inc. v. Lloyd, 773 So. 2d 114 (Fla. 4th DCA 2000). .Conspicuously, the evidence does not show Pentz correcting or stopping Dunwoody from making these comments, but apparently remaining silent while Dunwoody spoke about Sadow and the "problem doctors”. . See Fla. Std. Jury Inst…
Authorities Cited
- Pearson v. Athena C. Pefkarou, M.D., 734 So. 2d 551 (Fla. 3d DCA 1999)
- Bridges v. Bridges, 734 So. 2d 551 (Fla. 4th DCA 1999)
- In re The Est. OF Harold Hayward, 463 So. 2d 446 (Fla. 4th DCA 1985)