History
  • No items yet
midpage
Ovadia v. CRH Properties
586 So. 2d 440
Fla. Dist. Ct. App.
1991
Check Treatment
PER CURIAM.

Joseph Ovadia, M.D., appeals an order dismissing his complaints against Larkin General Hospital, Coral Reef Hospital, and Walter Jones, M.D., for failure to post a bond pursuant to sections 395.0115(8)(b), and 766.101(6)(b), Florida Statutes (1989). We reverse. We agree with our sister courts in Community Hosp. of the Palm Beaches, Inc. v. Guerrero, 579 So.2d 304 (Fla. 4th DCA), appeal docketed, No. 78,-017 (Fla. June 3, 1991), and Psychiatric Assoc. v. Siegel, 567 So.2d 52 (Fla. 1st DCA), appeal docketed, No. 76,844 (Fla. Oct. 25, 1990), and hold that sections 395.-0115(8)(b), and 766.101(6)(b), requiring the posting of a bond or other security sufficient to pay costs and attorney’s fees, infringe on the right of access to the courts and violate article 1, section 21 of the Florida Constitution. We therefore reverse the order of dismissal and remand for further proceedings.

Reversed and remanded.

Case Details

Case Name: Ovadia v. CRH Properties
Court Name: District Court of Appeal of Florida
Date Published: Sep 17, 1991
Citation: 586 So. 2d 440
Docket Number: Nos. 91-833, 90-1948 and 90-1246
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.