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SANTA LUCIA v. LEVINE

No. 2D14-5011.

198 So.3d 803 (2016)

Raymond C. SANTA LUCIA, Ph.D., Appellant/Cross-Appellee, v. Steven M. LeVINE, M.D. and LeVine Surgical Associates, P.A., Appellees/Cross-Appellants, and Bennett W. Smith, M.D.; Fernando R. Diaz, M.D.; and Florida Gulf-To-Bay Anesthesiologists Associates, P.A., Appellees.

District Court of Appeal of Florida, Second District.

March 9, 2016.

Attorney(s) appearing for the Case

Melissa H. Powers of Maher Law Firm, P.A., Winter Park; William E. Hahn of William E. Hahn, P.A., Tampa; and Philip M. Burlington of Burlington & Rockenbach, P.A., West Palm Beach, for Appellant/Cross-Appellee.

Karen Cox and Troy J. Crotts of Bush Ross, P.A., Tampa, for Appellees/Cross-Appellants Steven M. LeVine, M.D. and LeVine Surgical Associates, P.A.

Pamela Jo Bondi , Attorney General, Allen Winsor , Solicitor General, and Osvaldo Vasquez , Deputy Solicitor General, Tallahassee, for Amicus Curiae the State.

No appearance for remaining Appellees.

In this appeal from a medical malpractice judgment, Dr. Raymond Santa Lucia, the plaintiff below, challenges the judgment entered in his favor. He contends that section 766.118, Florida Statutes (2012), is unconstitutional and that the trial court erred in applying the statute and reducing...

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