JEAN A. SHAW, APPELLANT,
v.
GERALD B. SHAW, APPELLEE
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PER CURIAM.
WHEREAS, the judgment of this court was entered on June 10, 1975 (314 So. 2d 205) affirming with modifications the judgment of the Circuit Court of Dade County, Florida, in the above styled cause; and.
WHEREAS, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed May 12, 1976 (334 So. 2d 13) and mandate now lodged in this court quashed this court’s judgment with directions to reinstate the judgment of the trial court;
NOW, THEREFORE, It is Ordered that the mandate of this court heretofore issued in this cause on July 1, 1975 is withdrawn, the judgment of this court filed June 10, 1975 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith the opinion and judgment of this court and the judgment of the circuit court is reinstated. Costs allowed shall be taxed in the circuit court (Rule 3.16, subd. b, F.A. R.).
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Moore v. Morris, 475 So. 2d 666 (Fla. 1985)…t mental retardation existed at birth, here the lack of oxygen to Megan appeared to result from something she swallowed while in her mother’s womb, her distress was temporary and she was thought to have fully recovered. See also Salvaggio v. Austin, 336 So. 2d 1282 (Fla. 2d DCA 1976). For these reasons, the decision of the Third District Court of Appeal affirming the granting of a final summary judgment in this case should be quashed and the cause is hereby remanded to the district with instructions to remand…
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Almengor v. Dade Cnty., 359 So. 2d 892 (Fla. 3d DCA 1978)…e put the plaintiff on notice as a matter of law that the baby was injured during birth because such evidence just as reasonably could have meant that the baby had been born with a congenital defect without any birth trauma. See Salvaggio v. Austin, 336 So. 2d 1282 (Fla.2d DCA 1976). In addition, there is also some indication in the record that a nurse as an employee of the defendant hospital actively and successfully misled the plaintiff as to the baby’s true physical condition. The [*895] nurse allegedly to…
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Effie Sharon Brooks and Richard L. Brooks v. Walter A. Cerrato, M.D., 355 So. 2d 119 (Fla. 4th DCA 1978)…ot conclusively shown that the plaintiff discovered, or through use of reasonable care should have discovered, prior to June 27, 1973, that an injury (as opposed to a mere temporary post operative symptom) had occurred. Compare: Salvaggio v. Austin, 336 So. 2d 1282 (Fla.2d DCA 1976). There are disputes as to what explanations, if any, the defendants gave concerning the paralyzed arm. Both Dr. Sto-rey and Dr. Cerrato knew that the plaintiffs deltoid nerve had been damaged, but the evidence is conflicting as to…
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- Shaw v. Shaw, 334 So. 2d 13 (Fla. 1976)
- The First Nat'l Bank OF Homestead v. Monroe Losner, 314 So. 2d 205 (Fla. 3d DCA 1975)