458 So. 2d 1225 | Fla. Dist. Ct. App. | 1984
Lead Opinion
We affirm the summary judgment entered by the trial court in favor of the Florida Patient’s Compensation Fund on the authority of Fabal v. Florida Keys Memorial Hospital, 452 So.2d 946 (Fla. 3d DCA 1984); Lugo v. Florida Patient’s Compensation Fund, 452 So.2d 633 (Fla. 3d DCA 1984); Taddiken v. Florida Patient’s Compensation Fund, 449 So.2d 956 (Fla. 3d DCA 1984). Consistent with our decision in Lugo, we certify the issue presented in this case as one of great public importance. We note conflict with the Fourth District Court of Appeal in Florida Patient’s Compensation Fund v. Tillman, 453 So.2d 1376 (Fla. 4th DCA 1984).
Affirmed.
Concurrence Opinion
(concurring specialty)-
I agree that an affirmance is required based on the authorities cited in the court’s opinion. Were I free to do so, I would adopt the well-reasoned dissenting view of my brother Ferguson in Fabal v. Florida Keys Memorial Hospital, 452 So.2d 946, 947 (Fla. 3d DCA 1984), which in my judgment represents a more appropriate disposition of the issue presented.
