CHARLES H. BURNS, ET AL., PETITIONER,
v.
PALMS WEST HOSPITAL, ETC., ET AL., RESPONDENT

Fla. | 2014-05-22
No. SC12-1387
POLSTON, C.J., and LEWIS, LABARGA, and PERRY, JJ., concur., CANADY, J., concurs in result., QUINCE, J., dissents., PARIENTE, J., recused.
139 So. 3d 867 Florida Supreme Court (2014) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We initially accepted jurisdiction to review the decision of the Fourth District *868Court of Appeal in Palms West Hospital Ltd. Partnership v. Burns, 83 So.3d 785 (Fla. 4th DCA 2011), based on express and direct conflict with Integrated Health Care Services, Inc. v. Lang-Redway, 840 So.2d 974 (Fla.2002), Joseph v. University Behavioral LLC, 71 So.3d 913 (Fla. 5th DCA 2011), Fassy v. Crowley, 884 So.2d 359 (Fla. 2d DCA 2004), Lake Shore Hospital, Inc. v. Clarke, 768 So.2d 1251 (Fla. 1st DCA 2000), Lynn v. Mount Sinai Medical Center, Inc., 692 So.2d 1002 (Fla. 3d DCA 1997), and Liles v. P.I.A. Medfield, Inc., 681 So.2d 711 (Fla. 2d DCA 1995). See art. V, § 3(b)(3), Fla. Const.; Burns v. Palms W. Hosp., No. SC12-1387, 2013 WL 6978501 (Fla. order entered June 3, 2013). However, upon further consideration, we have determined that we should exercise our discretion to discharge jurisdiction in this cause. Accordingly, we hereby discharge jurisdiction and dismiss this review proceeding.

It is so ordered.

POLSTON, C.J., and LEWIS, LABARGA, and PERRY, JJ., concur.

CANADY, J., concurs in result.

QUINCE, J., dissents.

PARIENTE, J., recused.


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  • DOE v. Baptist Primary Care, Inc., 177 So. 3d 669 (Fla. 1st DCA 2015)
    …dvertent kicking of a patient); Lake Shore Hosp., Inc. v. Clarke, 768 So. 2d 1251 (Fla. 1st DCA 2000) (involving a slip and fall injury in the hospital); but cf. Palms W. Hosp. Ltd. P’ship v. Burns, 83 So. 3d 785 (Fla. 4th DCA 2011), rev. dismissed, 139 So. 3d 867 (Fla.2014) (holding the trial court departed from the essential requirements of the law in denying the hospital’s motion to dismiss where the choice of the hospital’s physicians not to treat the plaintiff in the emergency room, which choice allegedl…

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