Simon Dockswell v. Bethesda Memorial Hospital, Inc., etc.

Because the Fourth District’s decision in Dockswell v. Bethesda Memorial Hospital, Inc., 177 So.3d 270 (Fla. 4th DCA 2015), does not expressly and directly conflict with the Third District’s decision in Kenyon v. Miller, 756 So.2d 133 (Fla. 3d DCA 2000), on the same question of law, this Court does not have the constitutional authority to review this case. See art. V, § 3(b)(3), Fla. Const.

Both district courts determined that foreign-body instructions were not warranted given the circumstances of the cases they were deciding. Specifically, in Dockswell, 177 So.3d at 273-74, the Fourth…