Legal Opinion

Frank Special v. West Boca Medical Center

Supreme Court of Florida

Decided November 13, 2014No. SC11-2511PublishedCited by 126 opinions

1Opinion of the CourtLabarga, C.J.

This case is before the Court for review of the decision of the Fourth District Court of Appeal in Special v. Baux, M.D., et al., 79 So.3d 755 (Fla. 4th DCA 2011). In its decision, the district court ruled upon the following question, which the court certified to be of great public importance:

IN A CIVIL APPEAL, SHALL ERROR BE HELD HARMLESS WHERE IT IS MORE LIKELY THAN NOT THAT THE ERROR DID NOT CONTRIBUTE TO THE JUDGMENT?

Id. at 771-72. We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. As we explain below, we answer the certified question in the negative. We hold that the test for…

2Cases cited27 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. State v. DiGuilioSupreme Court of Florida · 1986
  3. Francis J. McQueeney v. Wilmington Trust Company, Trustee, and Anndep Steamship CorporationCourt of Appeals for the Third Circuit · 1985
  4. Braddy v. StateSupreme Court of Florida · 2012
  5. Savoie v. StateSupreme Court of Florida · 1982

22 more not listed; retrieve them via the Exa API.

3Cited by126 opinions

  1. Ralph Monroe v. State of FloridaSupreme Court of Florida · 2016
  2. Varnedore v. CopelandDistrict Court of Appeal of Florida · 2017
  3. R.J. Reynolds Tobacco Co. v. CallowayDistrict Court of Appeal of Florida · 2016
  4. Landmark American Insurance Company v. Pin-Pon Corporation and Lexington Insurance CompanyDistrict Court of Appeal of Florida · 2015
  5. Monica A. Gutierrez, etc. v. Jose Luis Vargas, M.D., etc.Supreme Court of Florida · 2018

121 more not listed; retrieve them via the Exa API.

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