Florida Elks Children's Hospital v. Stanley

I respectfully dissent. I would reverse and remand this case for an evidentiary hearing.

As I see it, the issue on appeal is whether the Florida Elks Children’s Hospital (Hospital) waited too long before challenging the constitutionality of section 732.803, Florida Statutes (1989) and, consequently, is barred from raising a constitutional challenge because of equitable principles.

Generally, judicial decisions in the area of civil litigation are retrospectively applied; however, a well established exception to this rule was recognized by our supreme court in Florida Forest and Park Service v.…