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LIFEMARK HOSPITALS OF FLORIDA v. AFONSO

No. 3D07-1530.

4 So.3d 764 (2009)

LIFEMARK HOSPITALS OF FLORIDA, INC., d/b/a Palmetto General Hospital, Appellant, v. Mercedes AFONSO, as surviving spouse and Personal Representative of the Estate of Alexis Afonso, deceased, Appellee.

District Court of Appeal of Florida, Third District.

March 11, 2009.

Attorney(s) appearing for the Case

Falk, Waas, Hernandez, Cortina, Solomon, & Bonner, and Norman M. Waas, Coral Gables; Dresnick & Rodriguez, and Pamela I. Perry, for appellant.

Rossman, Baumberger, Reboso & Spier, and Lincoln J. Connolly, Miami, for appellee.

William A. Bell, Tallahassee; Parenti & Parenti, and Gail Leverett Parenti, Coral Gables, for Florida Hospital Association as amicus curiae.

Burlington & Rockenbach, and Philip M. Burlington, West Palm Beach, for appellee Mercedes Afonso as amicus curiae.

Before RAMIREZ and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge.

RAMIREZ, J.

ON MOTION FOR REHEARING OR CLARIFICATION

We deny Afonso's motion for rehearing, but grant clarification by withdrawing our opinion filed on December 24, 2008, and substituting the following:

This is an appeal involving an arbitration award which presents a question of statutory construction, namely, whether section 766.207(7), Florida Statutes (2003), limits awardable economic damages in arbitrations...

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