ST. MARY'S HOSPITAL, INC. v. PHILLIPE

Nos. SC91895, SC91896, SC91894 and SC91934.

769 So.2d 961 (2000)

ST. MARY'S HOSPITAL, INC., et al., Petitioners, v. Charles PHILLIPE, etc., Respondent. Charles Phillipe, etc., Petitioner, v. St. Mary's Hospital, Inc., et al., Respondents. Dirk Franzen, M.D. et al., Petitioners, v. Henry E. Mogler et al., Respondents. Henry E. Mogler et al., Petitioners, v. Dirk Franzen, M.D. et al., Respondents.

Supreme Court of Florida.

Rehearing Denied October 19, 2000.


Attorney(s) appearing for the Case

Joseph H. Lowe of Winitz, Minkin & Lowe, Miami, Florida, for St. Mary's Hospital, Inc.

Theodore Babbitt and Joseph R. Johnson of Babbitt and Johnson, P.A., West Palm Beach, Florida; and Jane Kreusler-Walsh, West Palm Beach, Florida, for Charles Phillipe, etc.

Claudia B. Greenberg of Grossman and Roth, P.A., Miami, Florida, for Florida Academy of Trial Lawyers, Amicus Curiae.

Kristy c. Brown of Fisher, Rushmer, Werrenrath, Wack & Dickson, P.A., Orlando, Florida, and Fail Leverett Parenti, Falk & Waas, P.A., Coral Gables, Florida, for Florida Defense Lawyers Association, Amicus Curiae.

Bobo, Spicer, Ciotoli, Fulford, Bocchino, Debevoise & Le Clainche, West Palm Beach, Florida; and Ralph Anderson and Ila J. Klion of Hicks & Anderson, Miami, Florida, for Dirk Franzen, M.D. et al.

Lake Lytal, Jr. and Joe Reiter of Lytal, Reiter, Clark Fountain & Williams, West Palm Beach, Florida; and Jane Kreusler-Walsh, West Palm Beach, Florida, for Henry E. Mogler et al.


PER CURIAM.

We have before us St. Mary's Hospital, Inc. v. Phillipe, 699 So.2d 1017 (Fla. 4th DCA 1997), and Franzen v. Mogler, 699 So.2d 1026 (Fla. 4th DCA 1997), which we have consolidated for review. These are medical malpractice wrongful death cases in which the defendants conceded liability. The parties voluntarily chose to use a statutorily created binding arbitration process...

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