Carida v. Holy Cross Hosp., Inc., 82-1084

• Decision Date: 08 December 1982
• Docket Number: No. 82-1084,82-1084
• Citation: 424 So.2d 849
• Parties: Robert V. CARIDA, Appellant, v. HOLY CROSS HOSPITAL, INC., a Florida corporation; Sister Mercy McGrady, Executive Director of Holy Cross Hospital, Inc.; Robert C. Bishop, M.D., Chief of Staff of Holy Cross Hospital, Inc.; Russell Brancato, M.D.; Zachariah P. Zachariah, M.D.; Mr. Jack Bondurant; Zachariah P. Zachariah, M.D., P.A., a Florida corporation, Appellees.
• Court: Florida District Court of Appeals

Page 849

424 So.2d 849

Robert V. CARIDA, Appellant, v. HOLY CROSS HOSPITAL, INC., a Florida corporation; Sister Mercy McGrady, Executive Director of Holy Cross Hospital, Inc.; Robert C. Bishop, M.D., Chief of Staff of Holy Cross Hospital, Inc.; Russell Brancato, M.D.; Zachariah P. Zachariah, M.D.; Mr. Jack Bondurant; Zachariah P. Zachariah, M.D., P.A., a Florida corporation, Appellees.

No. 82-1084.

District Court of Appeal of Florida,

Fourth District.

Dec. 8, 1982.

Rehearing Denied Jan. 26, 1983.

David A. Hoines of David A. Hoines, P.A., Fort Lauderdale, for appellant.

James D. Clark of Fitzgerald, Taylor, Skinner, Zwicky & Michalak, Fort Lauderdale, for appellees.

BERANEK, Judge.

Plaintiff/appellant seeks review of two non-final orders, one dismissing his complaint without prejudice for lack of personal jurisdiction over a defendant, and one vacating a clerk's default as to the defendant. We reverse as to the first order but decline to consider the second order as it is a non-appealable, non-final order.

Plaintiff sued a number of defendants for defamation, tortious interference with business relationships, and civil conspiracy. The facts, as alleged in plaintiff's complaint, are as follows. On April 1, 1975, plaintiff, a cardiologist, was appointed director of the coronary care unit at Holy Cross Hospital for a period of two years. One of the clauses in his written contract stated, "In the event that a cardiac and vascular angiographic laboratory is established at Holy Cross Hospital, the Director of the Coronary Care Unit will be given first consideration for the position as Director of the lab." Subsequently, the Hospital decided to establish such a laboratory commonly known as a "cardiac cath lab." Plaintiff received numerous assurances from Sister Mercy McGrady, Executive Director of the Hospital, that she intended to appoint plaintiff as Director of the lab. On January 1, 1976, plaintiff was told by Sister McGrady to proceed with the organization and installation of the cardiac cath lab. Plaintiff did so. Furthermore, in order to regain his proficiency at performing cardiac catheterizations, plaintiff engaged in refresher training from April 20, 1976, through May 14, 1976, with Dr. Russell Brancato, a specialist in cardiology and cardiac catheterization at St. Joseph Hospital, in Patterson, New Jersey. While plaintiff was in New Jersey, Sister McGrady traveled to Cleveland, Ohio, to interview Dr. Zachariah P. Zachariah for the position of Director of the cardiac cath lab. Before he returned to Florida, plaintiff was informed by Sister McGrady that Dr. Zachariah was to be awarded the directorship of the new lab. The plaintiff told Sister McGrady and Dr. Bishop, Chief of the Medical Staff of Holy Cross Hospital, that during his refresher training with Dr. Brancato, he had participated in approximately 55 cases, 40 of which involved the manual manipulation of the catheter while inside the patient's body.

It was not until September, 1976, that plaintiff first learned of the publication of false statements about his medical training and qualifications to conduct cardiac catheterization, as well as false statements and innuendo that plaintiff had misrepresented his participation and experience in the procedure of cardiac catheterization while training with Dr. Brancato. The complaint specifically alleged that Dr. Brancato falsely told Dr. Bishop and Dr. Zachariah that plaintiff had not touched a catheter while plaintiff was training with Dr. Brancato, and further that plaintiff was not qualified to perform cardiac catheterizations. These statements were republished by Dr. Bishop, Dr. Zachariah, and Sister McGrady, among others. Plaintiff asserts he was damaged in that he was made to appear unqualified and incompetent, as well as personally dishonest. Obviously we do not, at this point, pass upon the legal sufficiency of the cause of action or all of the alleged damages resulting therefrom. We are concerned only with jurisdiction.

All the defendants named in the action are residents of Florida, with the exception Dr. Brancato. Plaintiff served him with his amended complaint on January 26, 1982, in New Jersey. Dr. Brancato filed no response, and a default was entered on March 3, 1982. On March 24, 1982, Dr. Brancato filed his motion to dismiss the amended complaint and a motion to set aside the default. The trial court granted both motions and plaintiff appeals.

As previously stated, we consider only the trial court's granting of the motion to dismiss which was based solely upon lack of personal jurisdiction. Appellant contends that Dr. Brancato is subject to the...