RODGER KEITH EVANS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RODGER KEITH EVANS, APPELLANT,
STATE OF FLORIDA, APPELLEE
880 So. 2d 787
Florida District Court of Appeal, First District (2004)
Caution
Cited by 9 cases
Opinion of the Court
PER CURIAM.
We affirm both issues on appeal. As to the first issue, the jury instructions given in the instant case distinguish it from the case relied on by Appellant, State v. Estevez, 753 So. 2d 1 (Fla.1999). As to the second issue, this argument has previously been rejected by this Court. See Pitts v. State, 855 So. 2d 681 (Fla. 1st DCA 2003); State v. Franklin, 836 So. 2d 1112 (Fla. 3d DCA 2003), review granted 854 So. 2d 659 (Fla.2003). We certify conflict with Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002), review dismissed 821 So. 2d 302 (Fla.2002).
AFFIRMED.
BOOTH, WEBSTER and DAVIS, JJ., concur.
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Anderson v. Wagner, 955 So. 2d 586 (Fla. 5th DCA 2006)…s failure to provide a medical expert opinion along with its notice of intent does not require dismissal of the claim so long as corroboration is provided before the statute of limitations has run. See generally Yocom v. Wuesthoff Health Sys., Inc., 880 So. 2d 787, 790 (Fla. 5th DCA 2004); Gargano v. Costarella, 618 So. 2d 786, 787 (Fla. 5th DCA 1993). In this case, though, Mr. Anderson never provided medical expert opinion supporting his claim, and the trial court dismissed his complaint with prejudice after…
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Ramiro Nieves, M.D. v. Viera, 150 So. 3d 1236 (Fla. 3d DCA 2014)…, 134 So. 3d 1056, 1059 (Fla. 4th DCA 2013) (holding, without remanding for an eviden-tiary hearing, that an infectious disease doctor does not specialize in the same or similar specialty as an ophthalmologist); Yocom v. Wuesthoff Health Sys., Inc., 880 So. 2d 787, 790 (Fla. 5th DCA 2004) (finding the trial court was correct in suggesting that a doctor of chiropractic medicine could not provide a qualifying affidavit against a urologist). In other cases, the [*1239] trial court has been told to conduct an evi…
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Paley v. Badewatte Maraj and Sabindranath Maraj, 910 So. 2d 282 (Fla. 4th DCA 2005)…suit affidavits. As is apparent from our analysis above, however, section 766.202(6), which was enacted in 2003, has eliminated the distinction between an expert for presuit purposes and for testifying at trial. Yocom v. Wuesthoff Health Sys., Inc., 880 So. 2d 787 (Fla. 5th DCA 2004). Although the incident in this case occurred in 2001, prior to the passage of section 766.202(6), the statute is procedural and therefore applicable here. El Portal v. Miami Shores, 362 So. 2d 275, 278 (Fla.1978) (“procedural sta…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002)
- Gende v. Fla. Dep't of Child. & Families, 836 So. 2d 1112 (Fla. 3d DCA 2003)
- State v. Estevez, 753 So. 2d 1 (Fla. 1999)
- Pitts v. State, 855 So. 2d 681 (Fla. 1st DCA 2003)
- Leander J. Coblentz, Jr. v. State, 855 So. 2d 681 (Fla. 2d DCA 2003)