Wednesday, February 17, 2010

Request To Ignore Florida Supreme Court Rejected As Insulting & Frivolous

Apparently, it was not clear that when the Florida Supreme Court decides an issue--the lower courts are bound.  In Lower Keys Medical Center v. Windisch (3D09-3082), the Third District cleared up the confusion.  The court stated:
The petitioner’s position in this case is directly contrary to Florida Hospital Waterman, Inc. v. Buster, 984 So. 2d 478 (Fla. 2008), and each of the other District Courts of Appeal. See West Fla. Reg’l Med. Ctr., Inc. v. See, 18 So. 3d 676) (Fla. 1st DCA 2009); Lakeland Reg’l Med. Ctr. v. Neely, 8 So. 3d 1268 (Fla. 2d DCA 2009); Columbia Hosp. Corp. of S. Broward v. Fain, 16 So. 3d 236 (Fla. 4th DCA 2009); Fla. Eye Clinic, P.A. v. Gmach, 14 So. 3d 1044 (Fla. 5th DCA 2009).
Even if we were inclined, which we are not, we do not have the authority to rule otherwise. Hoffman v. Jones, 280 So. 2d 431 (Fla. 1973). The petitioner’s suggestion that we might do so is insulting and frivolous.
(emphasis added).


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