KEVIN WILLIAMS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Knowles v. Beverly Enterprises-Florida, Inc., 898 So. 2d 1 (Fla. 2004)
  …v. Mariner Healthcare of Nashville, Inc., 889 So. 2d 829, 830 (Fla. 2d DCA 2004) (agreeing that statute “is unambiguous” and adopting Fourth District’s analysis of effect of statute); contra Estate of Youngblood v. Halifax Convalescent Center, Ltd., 874 So. 2d 596, 604-05, 606 (Fla. 5th DCA 2004) (holding statute not clear and certifying conflict with Knowles). I agree. In my view, therefore, because the language of the statute is clear and unambiguous, the analysis must end there. While this may seem simplis…

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• Weaver v. Stephen C. Myers, M.D., 229 So. 3d 1118 (Fla. 2017)
  …e protections where the alleged medical.malpractice was egregious enough to end the lives of those plaintiffs. This is an outcome that our Florida Constitution could not possibly sanction. Cf. Estate of Youngblood v. Halifax Convalescent Ctr., Ltd., 874 So. 2d 596, 603-04 (Fla. 5th DCA 2004) (“Thus in a case such as this where the suit was filed before the nursing home-resident’s death; all deprivation of Chapter 400 rights, including those resulting in the death of a resident but not exclusive of those, shou…
• The Est. OF Philip J. Doyle v. Mariner Healthcare OF Nashville, Inc., 889 So. 2d 829 (Fla. 2d DCA 2004)
  …rial court should have given an instruction that did not require a causal link between the deprivation of rights and Mr. Doyle’s death. In support, the Estate cites to the recent decision of Estate of Youngblood v. Halifax Convalescent Center, Ltd., 874 So. 2d 596 (Fla. 5th DCA 2004). In Knowles, the Fourth District Court of Appeal concluded that section 400.023(1) unambiguously provides that a personal representative could bring a residents’ rights claim on behalf of a deceased nursing home resident “only w…

Authorities Cited

• Salser v. State, 582 So. 2d 12 (Fla. 5th DCA 1991)
• Salser v. State, 613 So. 2d 471 (Fla. 1993)
• Alexander v. State, 553 So. 2d 312 (Fla. 1st DCA 1989)
• Melvin v. State, 553 So. 2d 312 (Fla. 1st DCA 1989)
• Bourjolly v. State, 623 So. 2d 870 (Fla. 3d DCA 1993)
• Roberts v. State, 623 So. 2d 870 (Fla. 3d DCA 1993)