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PLANTATION GENERAL HOSP. v. HOROWITZ

No. 4D03-3873.

895 So.2d 484 (2005)

PLANTATION GENERAL HOSPITAL LIMITED PARTNERSHIP d/b/a Columbia Plantation General Hospital, Appellant, v. Stuart HOROWITZ, Personal Representative of the Estate of Lena Horowitz, Appellee.

District Court of Appeal of Florida, Fourth District.

February 9, 2005.

Attorney(s) appearing for the Case

Hal B. Anderson and Kevin M. Vannatta of Billing, Cochran, Heath, Lyles, Mauro & Anderson, P.A., Fort Lauderdale, for appellant.

Gail Leverett Parenti of Parenti, Falk, Waas, Hernandez & Cortina, P.A., Coral Gables, and William A. Bell, General Counsel, Tallahassee, for Amicus Curiae Florida Hospital Association.

H. Mark Purdy of Purdy & Flynn, P.A., Fort Lauderdale, for appellee.

Joel S. Perwin of Podhurst Orseck, P.A., Miami, for Amicus Curiae Academy of Florida Trial Lawyers.

ON MOTION FOR REHEARING

FARMER, C.J.

In moving for rehearing and clarification, plaintiff asserts that he had no intention at oral argument to limit his theory of recovery to the theory of strict liability, that at all times he relied on both strict liability and negligence. He also points out that, in presenting the motion for summary judgment, the issue had been narrowed as a result of the stipulation...

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