IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT JANUARY TERM 1996
ST. MARY'S HOSPITAL, INC., and WOMEN'S HEALTH SERVICES, INC.,
Appellants,
v. CASE NOS. 96-2321, 96-2971
and 96-3320 CHARLES PHILLIPE, as Personal DOAH CASE NO. 95-5118MA
Representative of Juslin Phillipe, deceased, and all survivors of Juslin Phillipe,
Appellee.
/ Opinion filed October 22, 1997.
Consolidated appeals from the State of Florida, Division of Administrative Hearings; L.T. Case No. 95-5118MA and from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Edward H. Fine, L.T. Case No. 96-6343 AI.
Joseph H. Lowe of Winitz, Minkin & Lowe, Miami, for appellants.
Jane Kreusler-Walsh of Jane Kreusler-Walsh, P.A., and Theodore Babbitt and Joseph R Johnson of Babbitt and Johnson, P.A., West Palm Beach, for appellee.
Kristy C. Brown of Fisher, Rushmer, Werrenrath, Wack & Dickson, P.A., Orlando, for Arnicus Curiae, Florida Defense Lawyers Association.
Neil H. Butler of Butler & Long, and William A. Bell, Tallahassee, for Amicus Curiae, The Florida Hospital Association, Inc. and the Association of Voluntary Hospitals of Florida, Inc.
Claudia B. Greenberg of Grossman and Roth, P.A., for Amicus Curiae, Academy of Florida Trial Lawyers.
On Motions for Rehearing PER CURIAM.
We deny the motions for rehearing and rehearing en banc.
We grant the motion for certification, however, to give the supreme court the opportunity to consider the same question we have today certified in Fanzen v. Mogler, Case No. 96-2356 (Fla. 4th DCA October 22, 1997), namely:
When the alleged medical negligence results in the death of the patient, does the cap on non-economic damages of $250,000 per incident in a voluntary arbitration under 766.207 apply to each beneficiary under the Wrongful Death Act, or does the
$250,000 cap apply in the aggregate to include all Wrongful Death Act beneficiaries?
GUNTHER, FARMER, JJ., and MAY, MELANIE G., Associate Judge,
concur.
FINAL UPON RELEASE; NO FURTHER MOTIONS FOR REHEARING WILL BE ENTERTAINED.
| Issue Date | Proceedings |
|---|---|
| Aug. 07, 2000 | Response to St. Mary`s Hospital`s, Dirk Franzen`s and Dirl Franzen, M.D., P.A.`s Motion for Rehearing (filed with the Supreme Court) filed. |
| Jul. 27, 2000 | Motion for Extension of Time is Granted (by the Supreme Court) filed. |
| Jul. 24, 2000 | St. Mary`s Hospital`s Motion for Rehearing (filed in the Supreme Court) filed. |
| Jul. 18, 2000 | Motion for Extension of Time Granted by the Supreme Court filed. |
| Jul. 13, 2000 | Respondents` Motion to Enlargement of Time, Agreed Motion for Extension of Time, Motion to Toll Time (All three filed in the Supreme Court of Florida) filed. |
| Jul. 05, 2000 | Supreme Court Opinion filed. |
| Jun. 01, 2000 | (Petitioner`s, St. Mary`s Hospital and Woman`s Health Care Services, Inc.`s Motion to Stay is Denied, From the Supreme Court of Florida) filed. |
| Apr. 27, 2000 | Response to Petitioner`s Motion to Stay filed. |
| Apr. 19, 2000 | Petitioners` Motion to Stay (Filed in the Supreme Court of Florida) filed. |
| Jul. 26, 1999 | St. Mary`s Hospital, Inc.`s Notice of Supplemental Authority (with First HealthCare Corp. Opinion attached) filed. |
| Apr. 12, 1999 | (J. Lowe) Notice of Appearance (Supreme Court) filed. |
| Sep. 08, 1998 | (From the Supreme Court of Florida, Cases are consolidated for purposes of oral argument) filed. |
| Jul. 24, 1998 | Letter from the court to Jane Kreusler-Walsh (Oral argument is rescheduled for 11/05/98) filed. |
| Jul. 23, 1998 | Letter to the Court from Jane Keusler-Walsh (re: rescheduling the oral argument) filed. |
| Jul. 14, 1998 | Oral Argument Notice (from the Supreme Court of Florida) filed. |
| May 18, 1998 | Respondent`s /Cross-Petitioners` Reply Brief on Cross-Appeal of Certified Question (filed in the Supreme Court of Florida) filed. |
| Apr. 30, 1998 | Amended Reply Brief and Answer Brief of Petitioners and Cross Respondents ST. Mary`s Hospital, Inc. and Women`s Health Services, Inc. (file in the Supreme Court) filed. |
| Apr. 24, 1998 | From the Supreme Court of Florida (re; reply brief and answer brief of Petitioner) filed. |
| Apr. 23, 1998 | Reply Brief and Answer Brief of Petitioners and Cross Respondents St. Mary`s Hospital, Inc. and Women`s Health Services, Inc. (filed in the Supreme Court of Florida) filed. |
| Mar. 13, 1998 | CASE CLOSED. Corrected Final Arbitration Award sent out. Hearing held 05/16/96. |
| Mar. 13, 1998 | Letter to RAH from K. Deacon (RE: enclosing corrected final arbitration award) filed. |
| Mar. 06, 1998 | Letter to RH from J. Lowe Re: Corrected Final Arbitration Award filed. |
| Mar. 02, 1998 | Request for Oral Argument, Respondent`s Answer Brief on Certified Question/Cross-Petitioners` Initial Brief on Certified Question (filed in the Supreme Court of Florida) filed. |
| Feb. 20, 1998 | (Signed by R. Hixson, R. Montgomery) Corrected Final Arbitration Award filed. |
| Feb. 13, 1998 | Copy of Corrected Final Arbitration Award sent to Robert Montgomery with cover letter sent out. |
| Feb. 11, 1998 | CASE STATUS: Hearing Held. |
| Feb. 11, 1998 | Letter to RAH from T. Babbitt (RE: breakdown of arbitration award (filed via facsimile). |
| Feb. 11, 1998 | Memo to DOAH from Sid White (RE: list of all documents received) filed. |
| Feb. 11, 1998 | CASE STATUS: Hearing Held. |
| Feb. 09, 1998 | Letter to RAH from J. Lowe (RE: response to Mr. Babbitt`s letter of January 22, 1998) filed. |
| Feb. 06, 1998 | Agreed Motion for Extension of time to serve Respondents` answer brief/cross-Petitioners` Initial brief filed. |
| Jan. 27, 1998 | Notice of Telephonic Hearing sent out. (hearing set for 2/11/98; 9:30am) |
| Jan. 22, 1998 | Order Reopening Case and Order Reconvening Arbitration Panel sent out. CASE REOPENED. |
| Jan. 20, 1998 | BY ORDER OF THE COURT (Appellant`s Motion to enforce mandate is granted) filed. |
| Jan. 20, 1998 | Appendix to Initial Brief of Petitioners St. Mary`s Hospital, Inc. and Women`s Health Services, Inc. filed. |
| Jan. 20, 1998 | (St. Mary`s) Notice of Filing filed. |
| Jan. 20, 1998 | (St. Mary) Notice of Telephonic Hearing (filed via facsimile). |
| Jan. 16, 1998 | Filed in the Supreme Court of Florida (Initial Brief of Petitioners St. Mary`s Hospital, Inc. and Women`s Health Services, Inc. filed. |
| Jan. 13, 1998 | (Petitioner) Response to Motion to Reconvene Arbitration filed. |
| Jan. 05, 1998 | Joint Status Report w/exhibits filed. |
| Jan. 02, 1998 | Joint Status Report filed. |
| Jan. 02, 1998 | (From G. Farmer) Motion to Reconvene Arbitration filed. |
| Dec. 26, 1997 | From the Supreme Court of Florida, Motion for enlargement of time to file initial brief is granted filed. |
| Dec. 23, 1997 | Response to Motion to Enforce Mandate (filed in the Fourth DCA) filed. |
| Dec. 16, 1997 | Order Directing Filing of Status Report (within 15 days) sent out. |
| Dec. 16, 1997 | (from the Supreme Court of Florida, Motion for Leave to file brief as amicus curiae is hereby granted) filed. |
| Dec. 15, 1997 | Order on Motion to enforce Mandate, to vacate amended final judgment and to recoup funds of defendants, St. Mary`s Hospital, Inc. and Women`s Health Services, Inc. filed. |
| Dec. 12, 1997 | Florida defense lawyers association`s Motion for Leave to file an amicus curiae brief filed in the Supreme Court of Florida filed. |
| Dec. 08, 1997 | Order Postponing Decision on Jurisdiction and Briefing Schedule (from the Supreme Court), Motion to Enforce Mandate (filed in the 4th DCA by Joseph Lowe) filed. |
| Dec. 04, 1997 | Order Postponing Decision on Jurisdiction and Briefing Schedule (from the Supreme Court of Florida) filed. |
| Nov. 24, 1997 | Notice to Invoke Discretionary Jurisdiction filed. |
| Nov. 24, 1997 | (From T. Babbitt) Memorandum of Law in Opposition to Defendants` Amended Motion to Enforce and to Vacate Final Arbitration Award filed. |
| Nov. 18, 1997 | (Respondent) Notice of Telephonic Hearing (filed via facsimile). |
| Nov. 07, 1997 | (From T. Babbitt) Response to Enforce Mandate and to Vacate Final Arbitration Award filed. |
| Nov. 05, 1997 | (From G. Farmer) Amended Motion to Enforce Mandate and to Vacate Final Arbitration Award filed. |
| Aug. 18, 1997 | Motion for Certification of Question of Great Public importance (filed in the district court), Motion for rehearing (filed in the district court) filed. |
| Mar. 31, 1997 | Notice of Intent to Rely on Supplemental Authority (filed in the First DCA) filed. |
| Jan. 13, 1997 | BY ORDER OF THE COURT (from the 4th DCA, Motion for Leave to file amicus curiae brief is granted) filed. |
| Dec. 23, 1996 | Appellees' Answer Brief (filed in the Fourth DCA) filed. |
| Dec. 13, 1996 | Response to Request for Oral argument (Filed in the 4th DCA) filed. |
| Oct. 28, 1996 | Index to Record on Appeal filed in the Circuit Court (by the agency) filed. |
| Oct. 23, 1996 | Index, Record, Certificate of Record sent out. |
| Oct. 21, 1996 | Letter to S. Knox from G. Blake Re: Sending copies filed. |
| Oct. 15, 1996 | Letter to G. Blake from S. Knox Re: Request for copies filed. |
| Oct. 15, 1996 | BY ORDER OF THE COURT (from the First DCA) Extension of time is granted to file initial brief filed. |
| Oct. 15, 1996 | BY ORDER OF THE COURT (from the Fourth DCA) filed. |
| Oct. 11, 1996 | Acknowledgment of Non-Final Notice of Appeal (filed in the 4th DCA) filed. |
| Oct. 10, 1996 | Notice of Appearance (Filed in the First DCA) filed. |
| Oct. 09, 1996 | Letter to G. Blake from S. Knox Re: Requesting copies sent out. |
| Oct. 07, 1996 | BY ORDER OF THE COURT (Motion to consolidate is granted by the Fourth DCA) filed. |
| Sep. 27, 1996 | Payment in the amount of $122.00 for indexing filed. |
| Sep. 23, 1996 | Appellants` Objection to Appellee`s Motion to Consolidate (filed in the Fourth DCA) filed. |
| Sep. 19, 1996 | Stipulation for Order Substituting Counsel (Filed in the Circuit Court) filed. |
| Sep. 17, 1996 | Letter to D. Lewis from A. Cole (Re: DOAH Final Order Issued, No Longer has Jurisdiction for Pending Pleadings) sent out. |
| Sep. 16, 1996 | Emergency Motion to Review Denial of Motion to Stay (Filed in the Fourth DCA) filed. |
| Sep. 16, 1996 | (From D. Lewis & J. Fulford) Stipulation for Order Substituting Counsel filed. |
| Sep. 12, 1996 | Notice of Appearance (filed in the District Court, Fourth DCA) filed. |
| Sep. 11, 1996 | Response to Motion to Coordinate Briefing and Argument (filed in the District Court) filed. |
| Sep. 10, 1996 | Motion to Strike Civil Supersedes Bond and/or Limit Scope of Appeal (Jane Kreusler-Walsh filed in the First DCA) filed. |
| Sep. 10, 1996 | Notice of Appearance, Emergency Motion to Review Denial of Motion to Stay (Joseph Lowe) (filed via facsimile). |
| Sep. 09, 1996 | Notice of Appearance (Joseph H. Lowe) (filed with the Circuit Court) filed. |
| Sep. 06, 1996 | Index & Statement of Service sent out. |
| Sep. 06, 1996 | Notice of Appeal (filed with the Circuit Court from Joseph Lowe) filed. |
| Sep. 04, 1996 | Transcripts (Volumes I, II) filed. |
| Sep. 03, 1996 | Motion to Coordinate Briefing and Argument (Joseph H. Lowe) filed. |
| Aug. 27, 1996 | (Respondents) Designation to Report and Reporter`s Acknowledgment filed. |
| Aug. 23, 1996 | BY ORDER OF THE COURT (Appellants` Motion filed 08/08/96 for clarification is denied) from the fourth DCA filed. |
| Aug. 19, 1996 | Amended Response to Question 7 of Docketing Statement (St. Mary`s Hospital) filed. |
| Aug. 15, 1996 | Response to Motion for Clarification filed. |
| Aug. 12, 1996 | Motion for Clarification (Filed with the Fourth DCA) filed. |
| Aug. 05, 1996 | BY ORDER OF THE COURT (Stay pending review is denied) from the First DCA filed. |
| Jul. 31, 1996 | Response to Motion to Stay Pending Review (Filed in the Fourth DCA) filed. |
| Jul. 29, 1996 | Motion for Stay Pending Review (Filed in the Fourth DCA) filed. |
| Jul. 25, 1996 | Docketing statement from the Fourth DCA to be filed in the Fourth DCA (RE: Appeal) filed. |
| Jul. 23, 1996 | Notice of Appearance ( Filed in the 4th DCA) filed. |
| Jul. 22, 1996 | Directions to the Clerk filed. |
| Jul. 15, 1996 | Certificate of Notice of Administrative Appeal sent out. |
| Jul. 12, 1996 | Notice of Administrative Appeal (filed by St Mary`s Hospital) filed. |
| Jun. 13, 1996 | CASE CLOSED. Final Arbitration Award sent out. Hearing held 05/16/96. |
| May 22, 1996 | Plaintiffs` Response to Defendants` Motion for Specification and Clarification in Written Award filed. |
| May 22, 1996 | Letter to RAH from Robert M. Montgomery (RE: error in proposed arbitration award) filed. |
| May 21, 1996 | Defendant`s Motion for Specification and Clarification in Written Award filed. |
| May 17, 1996 | Claimant`s Notice of Serving Exhibits (no enclosures) filed. |
| May 17, 1996 | Ltr to RAH from T. Babbitt re: no objection to proceeding filed. |
| May 14, 1996 | (Joint) Pre-Hearing Stipulation filed. |
| May 14, 1996 | Letter to Hearing Officer from T. Babbitt Re: Available dates filed. |
| May 14, 1996 | Amended Order of Confirmation sent out. (R. Montgomery & K. Deacon designated as arbitrators) |
| May 14, 1996 | (From J. Johnson & J. Fulford) Pre-Hearing Stipulation filed. |
| May 14, 1996 | Notice of Filing Defendants' Proposed Findings of Fact and Conclusions of Law, Proposed Arbitration Award, Exhibit and Witness Lists; Defendants Proposed Findings of Fact and Conclusions of Law; (Unsigned) Arbitration Award (for HO Signature); Arbitration |
| May 14, 1996 | Claimants Notice of Filing Exhibits; Exhibits filed. |
| May 13, 1996 | (From T. Babbitt) Notice of Taking Deposition; Plaintiffs` Proposed Attorney`s Fee Statement filed. |
| May 13, 1996 | (Defendants) Motion for Substitution of Arbitrator; Cover Letter filed. |
| May 13, 1996 | Claimants` Notice of Serving Answers to Interrogatories; Interrogatories to Claimant, Charles Phillipe, Individually and as Personal Representative of the Estate of Juslin Phillipe, Deceased filed. |
| May 09, 1996 | Order Denying Verified Motion for Disqualification of Arbitrators sent out. |
| May 09, 1996 | Order Granting Motion to Compel Physical Examination and Order Denying Motion to Continue sent out. |
| May 09, 1996 | (Petitioner) Notice of Hearing filed. |
| May 08, 1996 | Addendum to Motion for Disqualification of Arbitrators (St. Mary`s Hospital) filed. |
| May 08, 1996 | (From J. Fulford) Addendum to Motion for Disqualification of Arbitrators w/exhibits attached filed. |
| May 08, 1996 | Claimant`s Notice of Serving Exhibits; Exhibits; Plaintiffs` Hearing Exhibit List filed. |
| May 07, 1996 | (From J. Fulford) Notice of Taking Deposition Duces Tecum filed. |
| May 03, 1996 | (From T. Babbitt) Notice of Mediation Conference filed. |
| May 03, 1996 | Claimants` Response to Defendants` Motion to Continue Arbitration Hearing, Motion to Abate, Motion to Compel Physical Examination and Amendment to Motion to Disqualify filed. |
| Apr. 30, 1996 | (Defendant) Motion to Abate; (Defendant) Motion to Continue Arbitration Hearing; (Defendant) Amendment to Motion to Disqualify; (Defendant) Motion to Compel Physical Examination; Cover Letter filed. |
| Apr. 29, 1996 | (Petitioners) Notice of Taking Deposition filed. |
| Apr. 29, 1996 | (Petitioners) Notice of Taking Deposition filed. |
| Apr. 29, 1996 | Plaintiffs` Proposed Findings of Fact and Conclusions of Law With Supporting Memoranda; Arbitration Award (for Hearing Officer, R. Montgomery and K. O`Connor Signature) filed. |
| Apr. 24, 1996 | (Petitioners) Notice of Taking Deposition filed. |
| Apr. 19, 1996 | (Respondent) (2) Notice of Taking Deposition Duces Tecum filed. |
| Apr. 15, 1996 | (Petitioners) Supplemental Response to Defendants` Request to Produce filed. |
| Apr. 08, 1996 | Response to Defendants` Request for Production filed. |
| Mar. 25, 1996 | (Petitioners) Verified Response to Motion for Disqualification of Arbitrators filed. |
| Mar. 20, 1996 | (Respondents) Notice of Telephone Hearing filed. |
| Mar. 15, 1996 | (From J. Fulford) Verified Motion for Disqualification of Arbitrators; Affidavit filed. |
| Mar. 15, 1996 | Plaintiff`s Request to Produce to Defendants, St. Mary`s Hospital and Women`s Health Services; Objection to Notice of Intent to Conduct Physical and Mental Examination filed. |
| Mar. 11, 1996 | Defendants' Request to Produce to Claimants filed. |
| Mar. 11, 1996 | Notice of Serving Interrogatories to Claimant, Charles Phillipe, Individually and as Personal Representative of the Estate of Juslin Phillipe, Deceased; Notice of Intent to Conduct a Physical and Mental Examination of Ecclesianne Phillipe filed. |
| Mar. 05, 1996 | Order Granting Motion to Compel sent out. |
| Mar. 01, 1996 | Notice of Hearing VIA Telephone; Claimants` Motion to Compel Answers to Interrogatories (w/exhibit A-B) filed. (from T. Babbitt) |
| Feb. 27, 1996 | (Plaintiff) Notice of Hearing VIA Telephone; Claimants Motion to Compel Answers to Interrogatories filed. |
| Feb. 26, 1996 | Form Disclosure of Defendants, St. Mary`s Hospital, Inc. and Women`s Health Services, Inc. filed. |
| Feb. 20, 1996 | St. Mary`s Hospital`s Notice of Serving Answers to 2nd Set of Interrogatories; Women`s Health Services` Notice of Serving Answers to 2nd Set of Interrogatories; St. Mary`s Hospital`s Notice of Serving Answers to Initial Interrogatories filed. |
| Feb. 20, 1996 | Women`s Health Services` Notice of Serving Answers to Initial Interrogatories filed. |
| Feb. 12, 1996 | Claimants` Motion for Status Conference and to Set Discovery Schedule filed. |
| Feb. 08, 1996 | Claimant's Form Disclosure; Claimant's Mandatory Disclosure Before Assessment Arbitration Per 60Q-3.021 filed. |
| Feb. 05, 1996 | Plaintiffs` Request to Produce to Defendant, St. Mary`s Hospital; Plaintiffs` Request to Produce to Defendant, Women`s Health Services filed. |
| Jan. 22, 1996 | Interrogatories to Claimant, Charles Phillipe, Individually and as Personal Representative of the Estate of Juslin Phillipe, Deceased filed. |
| Jan. 22, 1996 | (Theodore Babbitt) Response to Defendants' Request to Produce; Claimant's Notice of Serving Answers to Interrogatories Propounded by Defendants, St. Mary's and Women's Health; Notice of Serving Interrogatoriesto Claimant, Charles Phillipe, Individually a |
| Jan. 08, 1996 | (Petitioner) Notice of Serving 2nd Set of Interrogatories to Defendant, St. Mary`s Hospital, Inc.; Second Set of Interrogatories to Defendant. St. Mary`s Hospital, Inc.; Notice of Serving Initial Interrogatories to Defendant, St. Mary`s Hospital, Inc.; Ge |
| Jan. 08, 1996 | (Petitioner) Notice of Serving 2nd Set of Interrogatories to Defendant, Women`s Health Services, Inc.; Second Set of Interrogatories to Defendant Women`s Health Services, Inc.; Notice of Serving Initial Interrogatories to Defendant, Women`s Health Service |
| Dec. 18, 1995 | Notice of Hearing sent out. (hearing set for 5/16/96; 9:00am; WPB) |
| Dec. 14, 1995 | Defendants` Response to Order Concerning Assessment Arbitration filed. |
| Dec. 06, 1995 | Letter to Hearing Officer from Robert M. Montgomery, Jr. Re: Order concerning assessment arbitration filed. |
| Dec. 06, 1995 | (Petitioner) Response to Order Concerning Assessment Arbitration filed. |
| Dec. 04, 1995 | Defendants' Request to Produce to Claimants filed. |
| Dec. 01, 1995 | (Richard B. Schwamm) Notice of Serving Interrogatories to Claimant, Charles Phillipe, Individually and as Personal Representative of the Estate of Juslin Phillipe, Deceased filed. |
| Nov. 20, 1995 | Order Concerning Assessment Arbitration sent out. (parties may inform the undersigned in writing as to case status by 12/8/95) |
| Nov. 20, 1995 | Order of Confirmation sent out. (Robert Montgomery and Kevin P. O`Connor are confirmed as arbitrators) |
| Nov. 17, 1995 | Plaintiffs` Motion to Set Arbitration Hearing; Defendants` Selection of Arbitrator and Alternates; Defendants` Notice of Service of Certificates of Arbitrators; (3) Certificate of Arbitrator filed. |
| Nov. 13, 1995 | Notice of Appearance (from Andrew S. Connell) filed. |
| Nov. 03, 1995 | Plaintiff`s Notice of Service of Arbitrator`s Certificate; (3) Certificate of Arbitrator; Plaintiff`s Selection of Arbitrator and Alternates filed. |
| Oct. 26, 1995 | Notice of Applicable Rules and Order Concerning Service of Pleadings sent out. |
| Oct. 26, 1995 | Order Appointing Chief Arbitrator sent out. (Richard Hixson is chief arbitrator in this matter) |
| Oct. 26, 1995 | Certificate of Chief Arbitrator sent out. |
| Oct. 23, 1995 | Agreement to Initiate Arbitration Proceedings; Notice of Intent to Initiate Litigation for Medical Negligence w/Affidavit, Letter Form (15); Response to Claim of Notice of Intent, Letter Form; Cover Letter from R. Schwamm filed. |
| Issue Date | Document | Summary |
|---|---|---|
| Jun. 29, 2000 | Supreme Court Opinion | |
| Mar. 13, 1998 | DOAH Final Order | Corrected Arbitration Award upon Remand. |
| Jul. 30, 1997 | Opinion | |
| Jun. 13, 1996 | DOAH Final Order | Medical malpractice arbitration award for noneconomic damages $1.2 million; economic $3.2 million in wrongful death of mother. |
