Jean Stewart v. I B Price MD

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Supreme Court of Florida ____________ No. SC93804 ____________ JEAN STEWART et al., Petitioners, vs. I.B. PRICE, M.D., Respondent. [May 4, 2000] PER CURIAM. We have for review Stewart v. Price, 718 So. 2d 205 (Fla. 1st DCA 1998), which expressly declares a state statute valid. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. We recently held that the statute in question, section 768.21(8), Florida Statutes (1991), is constitutional. See Mizrahi v. North Miami Med. Ctr., Nos. SC93649 & SC93650 (Fla. Apr. 20, 2000). Accordingly, we approve Stewart.1 It is so ordered. HARDING, C.J., and SHAW, WELLS, ANSTEAD and LEWIS, JJ., concur. 1 We decline to consider additional issues raised by petitioner that exceed the basis upon which we exercised the Court jurisdiction. s PARIENTE, J., dissents with an opinion, in which QUINCE, J., concurs. NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND IF FILED, DETERMINED. PARIENTE, J., dissenting. I dissent for the same reasons I expressed in my dissenting opinion in Mizrahi v. North Miami Med. Ctr., Ltd., Nos. SC93649, SC93650 (Fla. Apr. 20, 2000). QUINCE, J., concurs. Application for Review of the Decision of the District Court of Appeal Statutory Validity First District - Case No. 1D95-996 (Gadsden County) Tari Rossitto-Van Winkle, Tallahassee, Florida, for Petitioners Esther E. Galicia of George, Hartz, Lundeen, Flagg & Fulmer, Fort Lauderdale, Florida, for Respondent -2- Harriet Rae Freeman, West Palm Beach, Florida, and Barbara Scheffer, Palm Beach Gardens, Florida, for the Association for Responsible Medicine, the Florida Women Consortium, s Inc., and the Florida Silver Haired Legislature, Amici Curiae Andrew H. Kayton, Miami, Florida, for the American Civil Liberties Union Foundation of Florida, Inc., Amicus Curiae Douglas M. McIntosh and Jack Heda of McIntosh, Sawran, Peltz & Cartaya, P.A., Fort Lauderdale, Florida, for the Florida League of Health Systems, Florida Hospital Association, Florida Medical Association, and the Association of Community Hospitals and Health Systems of Florida, Amici Curiae -3-

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