JOSEPH REINHARDT, ETC., APPELLANT,
v.
JOHN E. SCHWAB ET AL., APPELLEES
Explore caselaw by topic → Browse Judgment On The Pleadings cases and more on FLexlaw
HATCHETT, Justice.
This is a direct appeal from an order of the Circuit Court of Palm Beach County. We have jurisdiction pursuant to Article V, Section 3(b)(1), Florida Constitution.
Appellant, as plaintiff, brought an action for medical malpractice. On motion of the appellees, the trial court entered a final judgment on the pleadings relying on Foley v. Morris, 325 So. 2d 37 (Fla. 2d DCA 1976).
On November 4, 1976, this Court entered an opinion reversing Foley v. Morris. See Foley v. Morris, 339 So. 2d 215 (Fla.1976). We held that since the legislative intent to provide retroactive effect to Section 95.-11(6), Florida Statutes, is not express, clear, or manifest, it does not apply to causes of action occurring prior to its effective date. We therefore reverse the order of the trial court and remand the cause for further proceedings consistent with our November 4, 1976, opinion.
It is so ordered.
OVERTON, C. J., and ADKINS, BOYD and KARL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Sydney M. Nelson and Donald C. Nelson v. Winter Park Mem'l Hosp. Ass'n, Inc., 350 So. 2d 91 (Fla. 4th DCA 1977)…ndants-appellees accrued prior to July 1, 1972, the effective date of the two-year statute of limitations (Section 95.11(6), Florida Statutes (1973)) governing malpractice actions. See Foley v. Morris, 339 So. 2d 215 (FIa.1976); Reinhardt v. Schwab, 343 So. 2d 837 (Fla.1977). The plaintiffs-appellants’ cause of action was governed by the four-year statute of limitations,1 (Section 95.11(4), Florida Statutes (1973)) which was effective until July 1, 1972. Foley v. Morris, supra. Accordingly, summary final jud…
Authorities Cited
- Foley v. George A. Morris, M.D., 339 So. 2d 215 (Fla. 1976)
- Foley v. George A. Morris, M.D., 325 So. 2d 37 (Fla. 2d DCA 1976)