RICHARD L. SHURE, M.D.
v.
AMERICAN ASSOCIATION OF ORTHOPAEDIC SURGEONS, AMERICAN ACADEMY OF ORTHOPAEDIC SURGEONS, AND

Fla. 5th DCA | 2024-05-17
No. 2023-1614
2024 FL 5729 Florida District Court of Appeal, Fifth District (2024) Positive Treatment
Cited by 2 cases

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Holding

The court held that Florida law does not prohibit a trial court from adopting a party's proposed order verbatim, provided the decision reflects the judge's independent judgment. The court affirmed the summary judgment but remanded to correct a scrivener's error.


Facts & Procedural History

Dr. Shure appealed an order granting summary judgment against his defamation per se and civil conspiracy claims. He also argued the trial court improp…

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Opinion of the Court

June 25, 2024 PER CURIAM. AFFIRMED. LAMBERT, EISNAUGLE, and BOATWRIGHT, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________


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  • …ch contained a typographical error. As recently pointed out by our sister court, Florida law does not prohibit the adoption, verbatim, of a judgment that has been proposed by a party to the litigation. Tercier v. Univ. of Miami, Inc., No. 3D22-1334, 2023 WL 4916043, at *5 (Fla. 3d DCA Aug. 2, 2023) (citing Smith v. Wallace, 249 So. 3d 670, 672 (Fla. 2d DCA 2017)); In re T.D. v. Dep’t of Child. & Fam. Servs., 924 So. 2d 827, 831 (Fla. 2d DCA 2005). Instead, “what is critical for a reviewing court is that a fina…

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