J.B. AND J.W.B., INDIVIDUALLY AND ON BEHALF OF THEIR MINOR CHILD, S.B. AND E.B. AND M.B. INDIVIDUALLY, PLAINTIFFS-APPELLANTS,
v.
SACRED HEART HOSPITAL OF PENSACOLA, DEFENDANT-APPELLEE
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The appellate court majority affirmed a restitution order, finding the defendant failed to demonstrate error in the monthly payment amount, but the dissenting judge argued against the imposition of restitution due to the defendant's financial inability to pay.
The dissenting judge argued that the restitution order should be modified or stayed because the defendant demonstrated an inability to pay, contrary to the majority's affirmation of the order.
The defendant, Margaret Therrien, appealed a restitution order, arguing the monthly payment amount was excessive and beyond her financial capacity. Sh…
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PER CURIAM: Following oral argument, we certified the following two questions to the Supreme Court of Florida: 1. DOES A COMPLAINT WHICH ALLEGES INJURIES TO THE BROTHER OF A HOSPITAL PATIENT ALLEGEDLY ARISING OUT OF THE DEFENDANT HOSPITAL’S FAILURE TO WARN THE PLAINTIFF BROTHER OF THE PATIENT’S INFECTIOUS DISEASE, FAILURE TO PROPERLY INSTRUCT THE PLAINTIFF REGARDING TRANSPORTATION OF THE PATIENT, AND NEGLIGENTLY USING THE NON-PATIENT BROTHER AS A TRANSPORTER FOR THE PATIENT FALL WITHIN FLA. STAT. § '95.11(4)(b), THE TWO-YEAR STATUTE OF LIMITATIONS FOR MEDICAL MALPRACTICE ACTIONS?
2. DOES CHAPTER 766 OF THE FLORIDA STATUTES APPLY TO SUCH A CAUSE OF ACTION? J.B. v. Sacred Heart Hosp., 996 F. 2d 276, 278 (11th Cir.1993). Our earlier opinion contains a statement of the relevant facts and proceedings, which need not be repeated here. The Florida Supreme Court has now answered both questions in the negative. J.B. v. Sacred Heart Hosp., 635 So. 2d 945 (Fla.1994).
In light of the Florida Supreme Court’s opinion, we REVERSE the district court’s order granting Appellee’s motion to dismiss Appellant’s complaint, and REMAND for further proceedings in accordance with Florida law.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- J.B. v. Sacred Heart Hosp. OF Pensacola, 635 So. 2d 945 (Fla. 1994)
- J.B. and J.W.B. v. Sacred Heart Hosp. OF Pensacola, 996 F.2d 276 (11th Cir. 1993)