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GARCIA EX REL. GARCIA v. CEDARS OF LEBANON HOSPITAL CORP.

Nos. 83-1127, 83-1324.

444 So.2d 538 (1984)

Jose Luis GARCIA, a Minor, by and through His Parents and Next Best Friends, Jose Antonio GARCIA and Marisela Garcia, and Jose Antonio Garcia and Marisela Garcia, Individually, Appellants, v. CEDARS OF LEBANON HOSPITAL CORP. a Florida Corporation; Florida Patients Compensation Fund; Jose H. Leon, M.D.; Physicians Protective Trust Fund; Rory A. Marin, M.D., and Michael A. Nahmad, and Luis Felipe Mencia, M.D. and S. Villega, M.D., Appellees.

District Court of Appeal of Florida, Third District.

January 24, 1984.

Attorney(s) appearing for the Case

Brumer, Cohen, Logan & Kandell and Allan G. Cohen and Karen A. Curran, Miami, for appellants.

Adams, Hunter, Angones & Adams and R. Wade Adams and John McClure, Miami, for appellees.

Before BARKDULL, NESBITT and FERGUSON, JJ.

FERGUSON, Judge.

This case presents another challenge to the constitutionality of former Section 768.54(2)(b), Florida Statutes (1981).1 We adhere to our decision in Mercy Hospital, Inc. v. Menendez, 371 So.2d 1077 (Fla. 3d DCA 1979), cert. denied, 383 So.2d 1198 (Fla. 1980), which concluded, although in dicta, that the provision which limits a judgment against qualified health providers...

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