VERNON P. TURNER, M.D., APPELLANT,
v.
DONALD ARTHUR BOLT, M.D., AND DONALD ARTHUR BOLT, M.D., P.A., APPELLEES
PER CURIAM.
AFFIRMED.
SHAHOOD, J., and GRIFFIN, JACQUELINE R., Associate Judge, concur. GLICKSTEIN, J., concurs in part and dissents in part with opinion.
GLICKSTEIN, Judge,
concurring in part and dissenting in part.
I would affirm on the contribution claim, but reverse on the equitable subrogation claim. Because the parties do not challenge the determination that the provisions of chapter 766, Florida Statutes (1989), are applicable to appellant’s case against appellees, it appears to me that the proper method for appellees to have challenged the sufficiency of appellant’s presuit investigation was by the motion provided for in section 766.206, Florida Statutes (1989). Deciding this issue on summary judgment where appellees failed to move for a determination pursuant to section 766.206 contravenes the spirit of section 766.206 and the ease law interpreting this section.
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Donnie Hugh Doctor v. State, 677 So. 2d 1372 (Fla. 3d DCA 1996)…h DCA Case no. 94-3019, opinion filed, January 3, 1996) [21 FLW D79], review granted (Fla. Case no. 87,916, July 19, 1996); Cifuentes v. State, 674 So. 2d 743 (Fla. 4th DCA 1996); Poole v. State, 674 So. 2d 746 (Fla. 4th DCA 1996); McInnis v. State, 671 So. 2d 803 (Fla. 4th DCA 1996); Pierce v. State, 671 So. 2d 186 (Fla. 4th DCA 1996), review granted 677 So. 2d 841 (Fla.1996); Bove v. State, 670 So. 2d 1066 (Fla. 4th DCA 1996), cause dismissed, 678 So. 2d 339 (Fla.1996); Wilson v. State, 668 So. 2d 998 (Fla.…
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Pierce v. State, 671 So. 2d 186 (Fla. 4th DCA 1996)…court minimized the reasonable doubt standard in its extemporaneous jury instruction, thus depriving Appellant of his defense. See Jones v. State, 656 So. 2d 489 (Fla. 4th DCA 1995), rev. denied, 663 So. 2d 632 (Fla.1995); see also McInnis v. State, 671 So. 2d 803 (Fla. 4th DCA 1996); Poole v. State, No. 94-2731, — So. 2d — [1996 WL 26958] (Fla. 4th DCA January 24, 1996); Variance v. State, No. 94-3019, [*189] — So. 2d — [1996 WL 1175] (Fla. 4th DCA January 3, 1996); Cifuentes v. State, 21 Fla. L. Weekly D77,…
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Williams v. State, 674 So. 2d 155 (Fla. 4th DCA 1996)…ot feel certain of their verdict. This court has concluded that such a remark by the court, in the course of instructing a jury, is error. E.g., Jones v. State, 656 So. 2d 489 (Fla. 4th DCA), rev. denied, 663 So. 2d 632 (Fla.1995); McInnis v. State, 671 So. 2d 803 (Fla. 4th DCA 1996). That issue has subsequently been certified to the supreme court. Wilson v. State, 668 So. 2d 998 (Fla. 4th DCA 1996), rev. granted, 672 So. 2d 543 (Fla.1996). See also Cage v. Louisiana, 498 U.S. 39, 111 S.Ct. 328, 112 L.Ed.2d 3…
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