Young v. Altenhaus, No. 82-1761

CourtFlorida District Court of Appeals
Writing for the CourtHENDRY
Citation448 So.2d 1039
PartiesJerrold YOUNG, M.D., Appellant, v. Fern ALTENHAUS, Appellee.
Decision Date11 October 1983
Docket NumberNo. 82-1761

Page 1039

448 So.2d 1039
Jerrold YOUNG, M.D., Appellant,
v.
Fern ALTENHAUS, Appellee.
No. 82-1761.
District Court of Appeal of Florida,
Third District.
Oct. 11, 1983.

Page 1040

Blackwell, Walker, Gray, Powers, Flick & Hoehl and James C. Blecke, Miami, for appellant.

Pelzner, Schwedock, Finkelstein & Klausner and Peter S. Schwedock, for appellee.

Before HENDRY, BASKIN and JORGENSON, JJ.

HENDRY, Judge.

Appellant appeals from a final judgment taxing the plaintiff/appellee's attorney's fees in the amount of $10,000 against appellant and another defendant doctor 1 in appellee's action for medical malpractice, in accordance with section 768.56, Florida Statutes (1981). 2 The jury found each of the two doctors fifty percent negligent and awarded plaintiff damages of $70,000. After the jury had rendered its verdict, but prior to entry of the final judgment thereon, appellee moved the court for an award of attorney's fees and costs, pursuant to section 768.56. Appellee sought rulings as to her entitlement to such fees and costs and as to the amount thereof. Final judgment subsequently entered on the jury verdict provided that plaintiff recover from the two defendant doctors the sum of $70,000, "with costs to be hereinafter taxed, for all of which let execution issue." 3 Thereafter, a hearing was held on attorney's fees and costs and other post-trial motions. At the conclusion of the hearing appellee's attorney indicated he would submit to the court an order on attorney's fees in the amount of $10,000, together with the costs to be taxed, which he would compute. The final judgment on attorney's fees was subsequently entered and this appeal followed.

On appeal, as well as in the trial court, appellant has challenged the constitutionality of section 768.56. The constitutionality of this section, as well as other portions of the medical malpractice statute, §§ 768.40--768.56, Florida Statutes (1981), was recently decided by the fourth district court of appeal in the consolidated case of Florida Medical Center, Inc. v. Von Stetina, 436 So.2d 1022 (Fla. 4th DCA 1983).

In Florida Medical Center, Inc., the court considered and held unconstitutional various portions of the act, i.e., § 768.54(2)(b), (limiting liability of health care provider to $100,000 per claim), § 768.54(3)(e)3, (limiting payout of an award to $100,000 per year), and § 768.51(1)(b)1, (requiring that future periodic payments be structured upon future damages computed "before any...

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8 practice notes
  • Florida Patient's Compensation Fund v. Rowe, No. 64459
    • United States
    • United States State Supreme Court of Florida
    • May 2, 1985
    ...v. Propst, 464 So.2d 1225 (Fla. 4th DCA 1985); Davis v. North Shore Hospital, 452 So.2d 937 Fla. 3d DCA 1983); Young v. Altenhaus, 448 So.2d 1039 (Fla. 3d DCA 1983); Pohlman v. Mathews, 440 So.2d 681 (Fla. 1st DCA 1983); Florida Medical Center, Inc. v. Von Stetina, 436 So.2d 1022, 1032 (Fla......
  • Young v. Altenhaus, Nos. 64504
    • United States
    • United States State Supreme Court of Florida
    • May 2, 1985
    ...two cases are before the Court upon petitions for review of decisions of two district courts of appeal reported as Young v. Altenhaus, 448 So.2d 1039 (Fla. 3d DCA 1983), and Pohlman v. Mathews, 440 So.2d 681 (Fla. 1st DCA 1983). Each district court upheld the validity of section 768.56, Flo......
  • Finkelstein v. North Broward Hosp. Dist., No. 66160
    • United States
    • United States State Supreme Court of Florida
    • March 20, 1986
    ...Hospital District v. Finkelstein, 456 So.2d 498 (Fla. 4th DCA 1984), which directly and expressly conflicts with Young v. Altenhaus, 448 So.2d 1039 (Fla. 3d DCA 1983), quashed on other grounds 472 So.2d 1152 (Fla.1985). We have jurisdiction. Art. V, § 3(b)(3), Fla. The Finkelsteins sued def......
  • Bayfront Medical Center, Inc. v. Kim Oang Thi Ly, No. 84-1568
    • United States
    • Florida District Court of Appeals
    • March 29, 1985
    ...464 So.2d 1225 (Fla. 4th DCA 1985) [10 FLW 153]; Davis v. North Shore Hospital, 452 So.2d 937 (Fla. 3d DCA 1983); Young v. Altenhaus, 448 So.2d 1039 (Fla. 3d DCA 1983); Karlin v. Denson, 447 So.2d 897 (Fla. 4th DCA 1983); Pohlman v. Mathews, 440 So.2d 681 (Fla. 1st DCA 1983); Florida Medica......
  • Request a trial to view additional results
8 cases
  • Florida Patient's Compensation Fund v. Rowe, No. 64459
    • United States
    • United States State Supreme Court of Florida
    • May 2, 1985
    ...v. Propst, 464 So.2d 1225 (Fla. 4th DCA 1985); Davis v. North Shore Hospital, 452 So.2d 937 Fla. 3d DCA 1983); Young v. Altenhaus, 448 So.2d 1039 (Fla. 3d DCA 1983); Pohlman v. Mathews, 440 So.2d 681 (Fla. 1st DCA 1983); Florida Medical Center, Inc. v. Von Stetina, 436 So.2d 1022, 1032 (Fla......
  • Young v. Altenhaus, Nos. 64504
    • United States
    • United States State Supreme Court of Florida
    • May 2, 1985
    ...two cases are before the Court upon petitions for review of decisions of two district courts of appeal reported as Young v. Altenhaus, 448 So.2d 1039 (Fla. 3d DCA 1983), and Pohlman v. Mathews, 440 So.2d 681 (Fla. 1st DCA 1983). Each district court upheld the validity of section 768.56, Flo......
  • Finkelstein v. North Broward Hosp. Dist., No. 66160
    • United States
    • United States State Supreme Court of Florida
    • March 20, 1986
    ...Hospital District v. Finkelstein, 456 So.2d 498 (Fla. 4th DCA 1984), which directly and expressly conflicts with Young v. Altenhaus, 448 So.2d 1039 (Fla. 3d DCA 1983), quashed on other grounds 472 So.2d 1152 (Fla.1985). We have jurisdiction. Art. V, § 3(b)(3), Fla. The Finkelsteins sued def......
  • Bayfront Medical Center, Inc. v. Kim Oang Thi Ly, No. 84-1568
    • United States
    • Florida District Court of Appeals
    • March 29, 1985
    ...464 So.2d 1225 (Fla. 4th DCA 1985) [10 FLW 153]; Davis v. North Shore Hospital, 452 So.2d 937 (Fla. 3d DCA 1983); Young v. Altenhaus, 448 So.2d 1039 (Fla. 3d DCA 1983); Karlin v. Denson, 447 So.2d 897 (Fla. 4th DCA 1983); Pohlman v. Mathews, 440 So.2d 681 (Fla. 1st DCA 1983); Florida Medica......
  • Request a trial to view additional results

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