Reinhardt v. Schwab

Supreme Court of Florida

Reinhardt v. Schwab

343 So. 2d 837, 1977 Fla. LEXIS 3848

CourtSupreme Court of Florida

DecidedMarch 10, 1977

DocketNo. 49509

StatusPublished

Cited by2 cases

This text of 343 So. 2d 837 (Reinhardt v. Schwab) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Reinhardt v. Schwab, 343 So. 2d 837, 1977 Fla. LEXIS 3848 (Fla. 1977).

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Opinion

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

It is so ordered.

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

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

It is so ordered.

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

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343 So. 2d 837, 1977 Fla. LEXIS 3848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reinhardt-v-schwab-fla-1977.

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