CHARLES GRUBER AND EVELYN GRUBER, HIS WIFE, APPELLANTS,
v.
MOUNT SINAI HOSPITAL OF GREATER MIAMI, INC., A FLORIDA CORPORATION, JACK J. GREENBERG, M.D. & ASSOCIATES, P.A.; WILLIAM ZACHARY YAHR, M.D.; MANUEL SAVINA, M.D.; AND DAVID EDELMAN, M.D., APPELLEES
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PER CURIAM.
The final summary judgment entered in favor of the defendant David Edelman, M.D. in this medical malpractice action is reversed and the cause remanded for further proceedings. We reach this result because (a) the two expert witness affidavits filed in this cause by Dr. Edelman in support of his motion for summary judgment are extremely abbreviated, highly concluso-ry, and woefully inadequate to establish that Dr. Edelman was not guilty of negligence in the incident sued upon, (b) the depositions and other discovery on file, although more informative than the above affidavits, fail to establish Dr. Edelman’s lack of negligence as a matter of law in the incident sued upon, and (c) the established law in Florida requires that the summary judgment herein be reversed as Dr. Edel-man failed to satisfy his burden of proof below in order to be entitled to such a judgment. See Scanlon v. Litt, 191 So. 2d 553 (Fla.1966); Holl v. Talcott, 191 So. 2d 40 (Fla.1966); Williams v. Florida Realty & Management Co., 272 So. 2d 176 (Fla. 3d DCA 1973).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Charlonne v. Vlad Rosenthal, M.D., 642 So. 2d 632 (Fla. 3d DCA 1994)…aintiff, we note that the defendant's affidavit appears to be a "net opinion” affidavit condemned by Holt v. Talcott, 191 So. 2d at 45; see also North Broward Hosp. District v. Royster, 544 So. 2d 1131 (Fla. 4th DCA 1989); Gruber v. Mt. Sinai Hosp., 487 So. 2d 76, 77 (Fla. 3d DCA 1986); Williams v. McNeil, 442 So. 2d 269, 271 (Fla. 1st DCA 1983); Brooks v. Serrano, 209 So. 2d 279, 280-81 (Fla. 4th DCA 1968). We otherwise express no opinion on the sufficiency of the defendant's or plaintiff's expert affidavit…
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Jancisko v. Joseph S. Levy, M.D., 517 So. 2d 41 (Fla. 3d DCA 1987)…t establishing there was no genuine issue as to any material fact, the defendants below failed to satisfy their burden of proof in order to be entitled to a summary judgment. See Holl, 191 So. 2d at 43; Gruber v. Mt. Sinai Hospital of Greater Miami, 487 So. 2d 76 (Fla. 3d DCA 1986); Williams v. Florida Realty & Management Co., 272 So. 2d 176 (Fla. 3d DCA 1973). The summary judgment herein is reversed and the cause remanded for further proceedings consistent with this opinion. Reversed.…
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Gimenez v. Terrence J. Barry, M.D., 572 So. 2d 35 (Fla. 3d DCA 1991)…judgment failed to demonstrate the absence of genuine issues of material fact, Holl v. Talcott, 191 So. 2d 40 (Fla.1966); North Broward Hosp. Dist. v. Royster, 544 So. 2d 1131 (Fla. 4th DCA 1989); Gruber v. Mount Sinai Hosp. of Greater Miami, Inc., 487 So. 2d 76 (Fla. 3d DCA 1986); Brooks v. Serrano, 209 So. 2d 279 (Fla. 4th DCA 1968), we reverse the final summary judgment. Reversed and remanded.…
Authorities Cited
- Gory Roofing Tile Mfg., Inc. v. Davison, 191 So. 2d 40 (Fla. 1966)
- Williams v. Fla. Realty & Mgmt. Co., 272 So. 2d 176 (Fla. 3d DCA 1973)
- Scanlon v. Edward T. Litt, M.D., 191 So. 2d 553 (Fla. 1966)