Garber v. Snetman

712 So. 2d 481, 1998 Fla. App. LEXIS 8115, 1998 WL 374727
CourtDistrict Court of Appeal of Florida
DecidedJuly 8, 1998
DocketNo. 97-1109
StatusPublished
Cited by1 cases

This text of 712 So. 2d 481 (Garber v. Snetman) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Garber v. Snetman, 712 So. 2d 481, 1998 Fla. App. LEXIS 8115, 1998 WL 374727 (Fla. Ct. App. 1998).

Opinions

PER CURIAM.

The judgment is affirmed on authority of Mizrahi v. North Miami Med. Ctr., Ltd., 712 So.2d 826 (Fla. 3d DCA 1998) (on motion for rehearing), and Stewart v. Price, 704 So.2d 594 (Fla. 1st DCA 1997). We certify the [482]*482same question of great public importance certified in Mizrahi:

Does section 768il(8), Florida Statutes (1995), which is part of Florida’s Wrongful Death Act, violate the Equal Protection Clause of the Florida and federal constitutions, in that it precludes recovery of non-pecuniary damages by a decedent’s adult children where the cause of death was medical malpractice while allowing such children to recover where the death was caused by other forms of negligence?

Mizrahi, slip op. at 2, 712 So.2d at 827.

Affirmed; question certified.

COPE and GREEN, JJ., concur.

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Related

Mizrahi v. North Miami Medical Center, Ltd.
761 So. 2d 1040 (Supreme Court of Florida, 2000)

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Bluebook (online)
712 So. 2d 481, 1998 Fla. App. LEXIS 8115, 1998 WL 374727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garber-v-snetman-fladistctapp-1998.