Pierre ex rel. Pierre v. North Shore Medical Center, Inc.

We have for review Castillo-Plaza v. Green, 655 So.2d 197 (Fla. 3d DCA 1995),1 *158which expressly and directly conflicts with the opinions in Kirkland v. Middleton, 639 So.2d 1002 (Fla. 5th DCA), review dismissed, 645 So.2d 453 (Fla.1994), and Richter v. Bar gala, 647 So.2d 215 (Fla. 2d DCA 1994), review granted sub nom. Acosta v. Richter, 650 So.2d 989 (Fla.1995). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

We have now addressed the issue presented in this case in Acosta v. Richter, No. 84,413 (Fla. Jan. 18, 1995), and held that section 455.241(2), Florida Statutes (1993), creates a…