BAPTIST HEALTH SYS. OF SO. FL. v. RAE

Full title: BAPTIST HEALTH SYSTEMS OF SOUTH FLORIDA, INC. and KEYS HOSPITAL…

Court: District Court of Appeal of Florida, Third District

Date published: Mar 22, 2000

753 So. 2d 752 (Fla. Dist. Ct. App. 2000)

Opinion

No. 3D99-2849.

Opinion filed March 22, 2000.

An Appeal from a non-final order from the Circuit Court for Dade County, Celeste Muir, Judge; L.T. No. 99-24374.

Isicoff Ragatz, Eric D. Isicoff and Teresa Ragatz, for appellants.

Lash Goldberg, Alan D. Lash, Kathryn Fried and Jessica L. Leyva, for appellee.

Greenberg Traurig, Elliot H. Scherker and Elliot B. Kula, for Florida Hospital Association as amicus curiae.

Before SCHWARTZ, C.J., and GODERICH, and RAMIREZ, JJ.

PER CURIAM.

Because Dr. Rae failed to exhaust his administrative remedies, the trial court lacked subject matter jurisdiction to enter the temporary injunction. See Gamma Phi Chapter of Sigma Chi Fraternity v. University of Miami, 718 So.2d 910, 911 (Fla. 3d DCA 1998); Pushkin v. Lombard, 279 So.2d 79, 81 (Fla. 3d DCA),cert. denied, 284 So.2d 396 (Fla. 1973) Accordingly, we reverse the temporary injunction.

Reversed.