Opinion
No. 49509.
March 10, 1977.
An Appeal from Circuit Court in and for Palm Beach County; Thomas E. Sholts, Judge.
F. Kendall Slinkman of Farish Farish, West Palm Beach, for appellant.
Francis A.C. Sevier of Magill Sevier, Miami, for Schwab and St. Paul Fire Marine.
Monroe A. Coogler, Jr., of Adams, Sullivan, Coogler Watson, West Palm Beach, for Merrell and Travelers.
Brennan, McAliley, Albury Hayskar, and Walton, Lantaff, Schroeder, Carson Wahl, West Palm Beach, for J.F.K. Hospital.
Larry A. Klein, West Palm Beach, for Merrell and Schwab.
This is a direct appeal from an order of the Circuit Court of Palm Beach County. We have jurisdiction pursuant to Article V, Section 3(b)(1), Florida Constitution.
Appellant, as plaintiff, brought an action for medical malpractice. On motion of the appellees, the trial court entered a final judgment on the pleadings relying on Foley v. Morris, 325 So.2d 37 (Fla. 2d DCA 1976).
On November 4, 1976, this Court entered an opinion reversing Foley v. Morris. See Foley v. Morris, 339 So.2d 215 (Fla. 1976). We held that since the legislative intent to provide retroactive effect to Section 95.11(6), Florida Statutes, is not express, clear, or manifest, it does not apply to causes of action occurring prior to its effective date. We therefore reverse the order of the trial court and remand the cause for further proceedings consistent with our November 4, 1976, opinion.
It is so ordered.
OVERTON, C.J., and ADKINS, BOYD and KARL, JJ., concur.