McCARTHY v. MENSCH

No. 58636.

412 So.2d 343 (1982)

Richard A. McCARTHY and Margaret C. McCarthy, Appellants, v. Dr. Joseph MENSCH, Mercy Hospital, Inc., Dr. Sherif Shafey and the Florida Patients Compensation Funds, Appellees.

Supreme Court of Florida.

March 18, 1982.


Attorney(s) appearing for the Case

Elihu H. Berman of Krug, Berman & Silverman, Clearwater, for appellants.

Robert C. Ward of Adams & Ward, Miami, for appellees.

Larry Klein, West Palm Beach, for The Academy of Florida Trial Lawyers, amicus curiae.


ALDERMAN, Justice.

This is an appeal by plaintiffs in a medical malpractice case from a final judgment of the Circuit Court of Dade County in favor of the defendants. Since, in reaching its decision, the trial court upheld the constitutionality of section 768.47(2), Florida Statutes (1979), and since this appeal was filed prior to the 1980 amendment to article V of the Florida Constitution, we have jurisdiction pursuant to article V, section 3(b)(1), Florida Constitution...

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