Alvarez v. Lifemark Hosps. of Fla., Inc.

1 Citing case

  1. Poole v. DeFranko

    290 So. 3d 552 (Fla. Dist. Ct. App. 2019)

    The Florida Supreme Court upheld the constitutionality of sections 766.207 and 766.209 in University of Miami v. Echarte, 618 So. 2d 189 (Fla. 1993). In 2016, this Court recognized Echarte as controlling precedent in Alvarez v. Lifemark Hospitals of Florida, Inc., 208 So. 3d 221 (Fla. 3d DCA 2016), a citation affirmance. The trial court found, and Ms. DeFranko and one of the three amici curiae who have briefed the issue, invite us to agree, that Echarte (a) did not rule on the equal protection issue raised in the present case, and (b) has been overtaken by later, more persuasive and current decisions of the Florida Supreme Court in the intervening 26 years.