Fleisher v. Florida Patient's Compensation Fund

BASKIN, Judge.

Dr. Joel Fleisher challenges the dismissal of an amended complaint in which he sought contribution from the Florida Patient’s Compensation Fund [Fund] for the portion of a judgment which exceeded the limited liability of joint tortfeasor Palmetto General Hospital, Inc. [Palmetto General]. The trial court based its dismissal on the failure of the parties to join the Fund in the original proceeding as required by section 768.54, Florida Statutes (Supp.1982). Agreeing with the trial court, we affirm.

In 1982, Alvin and Patricia Nance brought an action against Palmetto General and…