YOUR DRUGGIST, INC., PETITIONER,
v.
ROBERT POWERS, ETC., RESPONDENT; B.A.L. PHARMACY, ETC., PETITIONER, V. ROBERT POWERS, ETC., RESPONDENT
YOUR DRUGGIST, INC., PETITIONER,
ROBERT POWERS, ETC., RESPONDENT; B.A.L. PHARMACY, ETC., PETITIONER, V. ROBERT POWERS, ETC., RESPONDENT
934 So. 2d 1182
Florida Supreme Court (2006)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We initially accepted jurisdiction to review Powers v. Thobhani, 903 So. 2d 275 (Fla. 4th DCA 2005), a decision which the district court of appeal certified to be in direct conflict with decisions of two other district courts pursuant to article V, section 3(b)(4) of the Florida Constitution. Upon further consideration, we have determined that there is no actual conflict and that we should exercise our discretion and discharge jurisdiction of this cause. Accordingly, this review proceeding is hereby dismissed.
It is so ordered.
WELLS, ANSTEAD, LEWIS, QUINCE, CANTERO, and BELL, JJ., concur. PARIENTE, C.J., recused.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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The Est. OF Norma J. Johnson v. Badger Acquisition OF Tampa LLC, 983 So. 2d 1175 (Fla. 2d DCA 2008)…elying on Estate of Sharp, also failed to note the distinction between a consultant pharmacist and a retail pharmacist. Our supreme court at first granted review, Your Druggist, Inc. v. Powers, 924 So. 2d 812 (Fla.2006), but then dismissed the case, 934 So. 2d 1182 (Fla.2006), finding no actual conflict. The Estate contends that the court’s determination of no actual conflict means that it recognized there is a difference between the legal duties of a consultant pharmacist from those owed by a retail dispensin…
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Karan Oleckna v. Daytona Disc. Pharmacy, 162 So. 3d 178 (Fla. 5th DCA 2015)…ufficient to plead that pharmacy had duty to use proper care in filling prescription beyond simply following prescribing physician’s directions). Our decision in Estate of Sharp does not conflict with Powers. See also Your Druggist, Inc. v. Powers, 934 So. 2d 1182 (Fla.2006) (where supreme court initially granted review based on certified conflict between Estate of Sharp and Powers, but later declined to exercise jurisdiction after determining, without explanation, that there was no actual conflict). In Estat…
Authorities Cited
- Carrero v. State, 903 So. 2d 275 (Fla. 3d DCA 2005)