Monica A. Gutierrez, etc. v. Jose Luis Vargas, M.D., etc.

The Third District Court of Appeal's decision in Vargas v. Gutierrez , 176 So.3d 315 (Fla. 3d DCA 2015), does not expressly and directly conflict with the decisions alleged by the Gutierrezes. Therefore, this Court does not have the constitutional authority to review this case, and I respectfully dissent.

Specifically, the Third District's decision in Vargas does not conflict with the Fourth District's decision in Cantore v. West Boca Medical Center, Inc. , 174 So.3d 1114 (Fla. 4th DCA 2015). As the majority recognizes, the Third District's decision in Vargas analyzed whether disputed…