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HILLSBOROUGH CTY. HOSP. & W. BD. v. TAYLOR

No. 87-2350.

534 So.2d 711 (1988)

HILLSBOROUGH COUNTY HOSPITAL AND WELFARE BOARD d/b/a Tampa General Hospital, Appellant, v. Lottie TAYLOR, As Guardian of the Person and Property of Irma Jean Payne, Incompetent, Appellee.

District Court of Appeal of Florida, Second District.

On Motion for Rehearing and Rehearing December 14, 1988.

Attorney(s) appearing for the Case

Michael N. Brown of Allen, Dell, Frank & Trinkle, and Chris W. Altenbernd of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, for appellant.

Joel D. Eaton of Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin, P.A., Miami, and Wagner, Cunningham, Vaughan & McLaughlin, P.A., Tampa, for appellee.

Robert C. McCurdy, Fort Myers, for Amici Curiae Hosp. Bd. of Directors of Lee County, d/b/a Lee Memorial Hosp. and Florida Hosp. Ass'n.

On Motion for Rehearing and Rehearing En Banc December 14, 1988.

HALL, Judge.

The appellant challenges the trial court's order which finds chapter 80-510, Laws of Florida, unconstitutional and awards the appellee $2,500,000 in damages.

The appellee, as guardian of the person and property of Irma Jean Payne, brought suit against the Hillsborough County Hospital and Welfare Board, d/b/a Tampa General Hospital. Payne became comatose as a result of anesthesia...

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