Opinion
No. 1D03-3622.
October 15, 2004. Rehearing Denied November 18, 2004.
An appeal from Circuit Court for Jackson County. William L. Wright, Judge.
John Booth of Michles Booth, P.A., Pensacola, for Appellant.
Esther E. Galicia of George, Hartz, Lundeen, Fulmer, Johnstone, King Stevens, Ft. Lauderdale, for Karl S. Franz, M.D.
Matthew P. Bartolomei and Grant A. Kuvin of Hill, Adams, Hall Schieffelin, P.A., Winter Park for Jackson Hospital.
The appellant challenges the trial court's dismissal with prejudice of his four-count civil complaint. Counts I and II contained claims of medical malpractice, but Counts III and IV were founded on other theories. Nevertheless, all counts of the complaint were dismissed pursuant to section 766.206, Florida Statutes. Because the appellant failed to state a cause of action for medical malpractice, the court properly dismissed Counts I and II with prejudice. But the court erred in dismissing the remaining counts with prejudice for failure to comply with chapter 766, Florida Statutes, because chapter 766 had no application to the claims alleged under those counts. Accordingly, the order under review is affirmed as to Counts I and II, reversed as to Counts III and IV, and the case is remanded.
ALLEN, VAN NORTWICK and BROWNING, JJ., concur.