Legal Opinion · Dissent

Lawnwood Medical Center, Inc. v. Randall Seeger, M.D., and Maureen Zelinka, M.D.

District Court of Appeal of Florida

Decided June 15, 2016No. 4D16-885Published

1DissentGross, J.

I would grant the petition for writ of prohibition.

In a prior lawsuit against the petitioner hospital, the trial judge granted a temporary injunction and compared the hospital’s procedures on confidentiality for peer review and credentialing records to those of the “Taliban.” This court reversed the injunction. Lawnwood Med. Ctr., Inc. v. Desai 54 So.3d 1027, 1028 (Fla. 4th DCA 2011). On remand, the trial judge recused himself because he did not believe that he could “be fair and impartial in deciding the current issues in this case given the reversal of this judge’s prior order” and the…

2Cases cited4 opinions

  1. Livingston v. StateSupreme Court of Florida · 1983
  2. MacKenzie v. Super Kids Bargain Store, Inc.Supreme Court of Florida · 1990
  3. Lawnwood Medical Center, Inc. v. DesaiDistrict Court of Appeal of Florida · 2011
  4. Philip Morris USA, Inc. v. BrownDistrict Court of Appeal of Florida · 2012

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