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Reinhardt v. Schwab

Joseph REINHARDT, etc. v. John E. SCHWAB

Reinhardt v. Schwab, 343 So. 2d 837 (Fla. 1977)
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Court
Supreme Court of Florida · State Highest Courts
Decided
March 10, 1977
Docket
No. 49509
Judges
Adkins, Boyd, Hatchett, Karl, Overton
Citations
343 So. 2d 8371977 Fla. LEXIS 3848

Opinion of the Court — Hatchett

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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 *838 proceedings consistent with our November 4, 1976, opinion.

It is so ordered.

OVERTON, C. J., and ADKINS, BOYD and KARL, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1977: 11993: 119772026peak 1977 · 1

Relies on it most ⓘ

  1. State v. Jones620 So. 2d 341 (La. Ct. App. 1993)
  2. Nelson v. Winter Park Memorial Hospital Ass'n350 So. 2d 91 (Fla. Dist. Ct. App. 1977)

Most recent

  1. State v. Jones620 So. 2d 341 (La. Ct. App. 1993)
  2. Nelson v. Winter Park Memorial Hospital Ass'n350 So. 2d 91 (Fla. Dist. Ct. App. 1977)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Foley v. Morris, 339 So. 2d 215 (Fla. 1976) 55
Foley v. Morris, 325 So. 2d 37 (Fla. Dist. Ct. App. 1976) 8

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