UNIVERSITY OF MIAMI v. ECHARTE

No. 90-982.

585 So.2d 293 (1991)

UNIVERSITY OF MIAMI, D/B/a the University of Miami School of Medicine, a Florida Corporation, Appellant, v. Patricia ECHARTE, a Minor, by and through Her Parents and Natural Guardians, Norma Echarte and Pedro Echarte, and Norma Echarte and Pedro Echarte, Individually, Appellees.

District Court of Appeal of Florida, Third District.

June 11, 1991.


Attorney(s) appearing for the Case

Fowler, White, Burnett, Hurley, Banick & Strickroot and Steven E. Stark and Michael L. Friedman, Miami, for appellant.

Grossman & Roth, Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin and Joel Eaton and Joel Perwin, Miami, for appellees.

Blackwell & Walker and James E. Tribble, Miami, for Florida Defense Lawyers Ass'n, as amici curiae.

Stephens, Lynn, Klein & McNicholas, Robert M. Klein and Debra J. Snow, Miami, for Florida Hosp. Ass'n and Florida Medical Ass'n, as amici curiae.

Robert A. Butterworth, Atty. Gen. and Louis F. Hubener, Asst. Atty. Gen., for the State, as amici curiae.

Before NESBITT, BASKIN and JORGENSON, JJ.


BASKIN, Judge.

The University of Miami1 [University] appeals a final summary judgment declaring sections 766.2072 and 766.209,3 Florida Statutes (Supp. 1988), unconstitutional. We affirm, and in so doing, hold that sections 766.207 and 766.209 fail the test enunciated in Kluger v. White, 281 So.2d 1<...

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