FOUNDATION HEALTH

v.

WESTSIDE EKG ASSOCIATES

Citator

Cited By

• Galindez v. State, 955 So. 2d 517 (Fla. 2007)
  …hes v. State, 901 So. 2d 837 (Fla.2005). Presumably, neither does its offspring, Blakely. See, e.g., Hicks v. State, 905 So. 2d 990, 991 (Fla. 3d DCA) (holding that because Apprendi does not apply retroactively, neither does Blakely), review denied, 917 So. 2d 193 (Fla.2005); Burrows v. State, 890 So. 2d 286 (Fla. 2d DCA 2004) (same), review denied, 914 So. 2d 952 (Fla.2005); McBride v. State, 884 So. 2d 476 (Fla. 4th DCA 2004) (same). Nevertheless, we have traditionally held that “resentencing should proceed…
• State v. Subido, 925 So. 2d 1052 (Fla. 5th DCA 2006)
  …ation that the registration requirement of section 943.0435 is unconstitutional. We disagree because this issue has already been decided. See Milks v. State, 894 So. 2d 924 (Fla.2005); Hanson v. State, 905 So. 2d 1036 (Fla. 5th DCA 2005), rev. den., 917 So. 2d 193 (Fla.2005); Linderman v. State, 884 So. 2d 498 (Fla. 5th DCA 2004); Johnson v. State, 875 So. 2d 1281 (Fla. 5th DCA 2004); Martin v. State, 864 So. 2d 589 (Fla. 5th DCA 2004); Miller v. State, 861 So. 2d 1283 (Fla. 5th DCA 2004); Garcia v. State, 90…
• Peter F. Merkle, M.D., P.A. v. Health Options, Inc., 940 So. 2d 1190 (Fla. 4th DCA 2006)
  …e’s next argument on appeal is that the trial court erred in failing to grant it leave to amend its complaints to assert a third-party beneficiary claim under Westside EKG Associates v. Foundation Health, 932 So. 2d 214 (Fla. 4th DCA), rev. granted, 917 So. 2d 193 (Fla.2005). We disagree. “Failure to seek leave of court or written consent of [the] adverse party to amend [a] complaint prior to dismissal with prejudice and failure to then move for a rehearing requesting leave to amend, precludes raising [the] i…