Opinion
No. 78783.
March 18, 1993.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, Second District — Case No. 90-03341 (Pinellas County).
Robert M. Klein and Philip D. Parrish of Stephens, Lynn, Klein McNicholas, P.A., Miami, for petitioners.
Law Offices of Leonard M. Vincenti, P.A., Clearwater, and Joel D. Eaton of Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin Perwin, P.A., Miami, for respondents.
Marguerite H. Davis and Paul R. Ezatoff of Katz, Kutter, Haigler, Alderman, Davis, Marks Rutledge, P.A., Tallahassee, amicus curiae for The Florida Defense Lawyers Ass'n.
We have for review Nemeth v. Harriman, 586 So.2d 72, 73-74 (Fla. 2d DCA 1991), in which the Second District Court of Appeal relied on the Third District's decision in Lloyd ex rel. Lloyd v. North Broward Hospital District, 570 So.2d 984 (Fla. 3d DCA 1990). We recently quashed the portion of Lloyd relied on by the Second District. Kush v. Lloyd, 616 So.2d 415 (1992). Accordingly, we quash the decision below to the extent it is inconsistent with our decision in Kush, and remand for reconsideration in light thereof.
We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.
It is so ordered.
OVERTON, SHAW, GRIMES and HARDING, JJ., concur.
McDONALD, J., concurs with an opinion.
BARKETT, C.J., dissents with an opinion, in which KOGAN, J., concurs.
I concur. It may be that four years is too short a time for a statute of repose and the legislature may wish to extend the repose period. I believe, however, that we properly construed the existing statute in Kush v. Lloyd, 616 So.2d 415 (1992).
I would approve the decision of the court below based on my opinion in Kush v. Lloyd, 616 So.2d 415 (1992) (Barkett, C.J., concurring in part, dissenting in part).
KOGAN, J., concurs.