SHANDS TEACHING HOSP. AND CLINICS v. SAMUEL

Nos. 1D05-5186, 1D05-5774 to 1D05-5782, 1D05-5785 to 1D05-5787.

926 So.2d 441 (2006)

SHANDS TEACHING HOSPITAL AND CLINICS, INC., Petitioner, v. Tatianna SAMUEL, a minor, by and through her parents and natural guardians, Janicka MATHIS and Kina Mathis, Janicka Mathis and Kina Mathis, individually, Rene Rivera-Santiago, and Cardiovascular Perfusionists, Inc., Respondents. Shands Teaching Hospital and Clinics, Inc., Petitioner, v. Wesley Webster, Florida Board of Education, Body Dynamics, Inc., d/b/a, BDI Pharmaceuticals, PDK Labs, Inc., Lil' Champ Food Stores, Inc., The Pantry Inc., f/k/a, Lil' Champ Food Stores, Inc., and Ultra Tab Laboratories, Inc., Respondents. Shands Teaching Hospital and Clinics, Inc., Petitioner, v. Mary Ellen Mayer, as Personal Representative of the Estate of Joseph Mayer on behalf of Mary Ellen Mayer and the Estate of Joseph Mayer, Respondents. Shands Teaching Hospital and Clinics, Inc., Petitioner, v. Brenda Thompson, individually and as Parent and Natural Guardian of Kathleen Morgan Thompson, a minor, and David Saunders, M.D., Respondents. Shands Teaching Hospital and Clinics, Inc., Petitioner, v. Victoria Golden and Edward S. Golden, individually, and as Natural Parents and Guardians of Jennifer Golden, a minor, State of Florida, Board of Education, and Board of Governors, Respondents. Shands Teaching Hospital and Clinics, Inc., Petitioner, v. Marguerite Stone, as Personal Representative of the Estate of Ronald Pat Stone, deceased, and on Behalf of Valerie A. Stone, Respondents. Shands Teaching Hospital and Clinics, Inc., Petitioner, v. Lisa C. Fine, as Personal Representative of the Estate of Cory Fine, Respondent. Shands Teaching Hospital and Clinics, Inc., Petitioner, v. Donna L. Stewart, Respondent. Shands Teaching Hospital and Clinics, Inc., Petitioner, v. Bette S. Seewald and Eugene J. Seewald, her husband, Respondents. Shands Teaching Hospital and Clinics, Inc., Petitioner, v. Kathleen Cooper, Respondent. Shands Teaching Hospital and Clinics, Inc., Petitioner, v. Michael Shane Ring, Sherry Ring, individually and as Parents and Natural Guardians of Michael Shane Ring, Jr., Respondents. Shands Teaching Hospital and Clinics, Inc., Petitioner, v. David L. Autin and Joan Autin, as Personal Representatives of the Estate of Eraste Thomas Autin, Respondents. Shands Teaching Hospital and Clinics, Inc., Petitioner, v. Agustin Arroyo and Julianne Arroyo, Respondents.

District Court of Appeal of Florida, First District.

April 13, 2006.


Attorney(s) appearing for the Case

Susan L. Kelsey of Anchors Smith Grimsley, P.L., Tallahassee, for petitioner.

Christopher P. Jayson, Arthur Skafidis and Camille Godwin of Cohen, Jayson & Foster, P.A., Tampa, for respondents Tatianna Samuel, Janicka Mathis and Kina Mathis.

William H. Ogle of Mayfield & Ogle, P.A., Ormond Beach; and Philip M. Burlington of Burlington & Rockenbach, P.A., West Palm Beach, for respondent Wesley Webster.

Patrick Deckle of Patrick Deckle, P.A., Tampa; and Philip M. Burlington of Burlington & Rockenbach, P.A., West Palm Beach, for respondents Mary Ellen Mayer and the Estate of Joseph Mayer; and Agustin Arroyo and Julianne Arroyo.

Alan E. McMichael of Stripling, McMichael & Stripling, P.A., Gainesville; and Philip M. Burlington of Burlington & Rockenbach, P.A., West Palm Beach, for respondents Victoria Golden, Edward S. Golden and J.G., a minor.

Mark A. Avera of Avera & Avera, LLP, Gainesville; Philip M. Burlington of Burlington & Rockenbach, P.A., West Palm Beach; and Sharon H. Proctor, Avon Lake, Ohio for respondents Marguerite Stone.

Frank A. Ashton of Peek, Cobb, Edwards & Ashton, P.A., Jacksonville; and Philip M. Burlington of Burlington & Rockenbach, P.A., West Palm Beach, for respondent Lisa C. Fine.

Linda Bellornio Commons, Spring Hill; and Philip M. Burlington of Burlington & Rockenbach, P.A., West Palm Beach, for respondent Donna L. Stewart.

Gilbert J. Alba of DeCarlis & Sawyer, P.A., Gainesville; and Philip M. Burlington of Burlington & Rockenbach, P.A., West Palm Beach, for respondents Bette S. Seewald and Eugene J. Seewald.

D. Mark Warner of Fisher, Butts, Sechrest & Warner, P.A., Gainesville; and Philip M. Burlington of Burlington & Rockenbach, P.A., West Palm Beach, for respondents Michael Shane Ring and Sherry Ring.

Virginia M. Buchanan and Matthew D. Schultz, Pensacola; and Philip M. Burlington of Burlington & Rockenbach, P.A., West Palm Beach, for respondents David L. Autin and Joan Autin.


PER CURIAM.

Following the denial of its motions to disqualify the trial judge, Shands Teaching Hospital and Clinics, Inc., ("Shands"), petitions this court for prohibition relief. We previously consolidated these cases for purposes of assigning them to the same panel of judges, and now consolidate them for disposition in this opinion.

During the trial of a medical negligence action styled as Dunn v. Shands Teaching Hospital and Clinics, Inc., et al.,

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