Hellinger v. Fike, No. 86-1288

CourtFlorida District Court of Appeals
Writing for the CourtDAUKSCH
Citation11 Fla. L. Weekly 2333,503 So.2d 905
Parties11 Fla. L. Weekly 2333 Frank HELLINGER, M.D., Rodney Dunaway, M.D., Charles J. Kurth, M.D., and Adventist Health Systems/Sun Belt, Inc., d/b/a Florida Hospital (formerly known as Florida Sanitarium and Benevolent Association), Petitioners, v. Russell Charles FIKE, as Personal Representative of the Estate of Evelyn Margaret Fike, Deceased, Respondent.
Decision Date06 November 1986
Docket NumberNo. 86-1288

Page 905

503 So.2d 905
11 Fla. L. Weekly 2333
Frank HELLINGER, M.D., Rodney Dunaway, M.D., Charles J. Kurth, M.D., and Adventist Health Systems/Sun Belt, Inc., d/b/a Florida Hospital (formerly known as Florida Sanitarium and Benevolent Association), Petitioners,
v.
Russell Charles FIKE, as Personal Representative of the Estate of Evelyn Margaret Fike, Deceased, Respondent.
No. 86-1288.
District Court of Appeal of Florida,
Fifth District.
Nov. 6, 1986.
Rehearing Denied Dec. 19, 1986.

Page 906

Francis E. Pierce, III, and Kathryn D. Mackinnon of Gurney & Handley, P.A., and B.C. Pyle, Orlando, for petitioner Frank Hellinger, M.D.

Michael A. Estes, Orlando, for petitioner Rodney Dunaway, M.D.

Ronald S. Webster, Orlando, for petitioner Charles J. Kurth, M.D.

J. Joaquin Fraxedas, Orlando, for petitioner Adventist Health Systems.

Harry Anderson of Anderson and Hurt, P.A., Orlando, for respondent.

ON PETITION FOR WRIT OF PROHIBITION

DAUKSCH, Judge.

This matter is before this court on petition for writ of certiorari to review an order of the trial court denying a motion for summary judgment.

Although we would not ordinarily entertain review of an order denying summary judgment, by certiorari or otherwise, in this case we shall do so. The petition for writ of certiorari is treated as a petition for writ of prohibition as was the petition in Brogan v. Mullins, 452 So.2d 940 (Fla. 5th DCA 1984).

The order denying summary judgment in this case declared a statute of repose unconstitutional thereby causing the trial court to exercise jurisdiction in a case where it would have no jurisdiction if the statute were constitutionally valid. Therefore, as in Brogan, we shall proceed to consider the order.

The cause of action below arose out of an alleged medical misdiagnosis of Evelyn Fike. The complaint alleges that in February 1972, upon referral from her general practitioner, Mrs. Fike sought evaluation from petitioners for a suspected neurological condition. Petitioners allegedly diagnosed that Mrs. Fike had a subacute peripheral neuropathy such as subacute Guillain-Barre syndrome and/or subacute polyneuropathy. No treatment was instituted and Mrs. Fike was allegedly led to believe she was suffering from a neurological condition which was fatal, untreatable and from which she could expect to deteriorate until the time of her demise.

In June 1981, Evelyn Fike nearly died and was admitted to the hospital. She came under the care of two other doctors...

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2 practice notes
  • Bogorff By and Through Bogorff v. Koch, Nos. 86-2550
    • United States
    • Court of Appeal of Florida (US)
    • April 18, 1989
    ...for in Chapter 95. 5 See Dade County v. Ferro, 384 So.2d 1283 (Fla.1980); Foley v. Morris, 339 So.2d 215 (Fla.1976); Hellinger v. Fike, 503 So.2d 905 (Fla. 5th DCA 1986), review denied, 508 So.2d 14 (Fla.1987). In malpractice lawsuits governed by this section, timeliness of filing is measur......
  • Hellinger v. Fike
    • United States
    • United States State Supreme Court of Florida
    • April 14, 1987
    ...v. Fike (Russell Charles), Estate of Fike (Evelyn Margaret) NO. 69,906 Supreme Court of Florida. APR 14, 1987 Appeal From: 5th DCA 503 So.2d 905 Rev....
2 cases
  • Bogorff By and Through Bogorff v. Koch, Nos. 86-2550
    • United States
    • Court of Appeal of Florida (US)
    • April 18, 1989
    ...for in Chapter 95. 5 See Dade County v. Ferro, 384 So.2d 1283 (Fla.1980); Foley v. Morris, 339 So.2d 215 (Fla.1976); Hellinger v. Fike, 503 So.2d 905 (Fla. 5th DCA 1986), review denied, 508 So.2d 14 (Fla.1987). In malpractice lawsuits governed by this section, timeliness of filing is measur......
  • Hellinger v. Fike
    • United States
    • United States State Supreme Court of Florida
    • April 14, 1987
    ...v. Fike (Russell Charles), Estate of Fike (Evelyn Margaret) NO. 69,906 Supreme Court of Florida. APR 14, 1987 Appeal From: 5th DCA 503 So.2d 905 Rev....

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