Kimberly Ann Miles v. Daniel Weingrad, M.D.

The entirety of the Third District’s decision before us for review reads: “Finding no conflict between our prior opinion in Weingrad v. Miles [ {Miles I) ], 29 So.3d 406 (Fla. 3d DCA 2010), and the Supreme Court’s opinion in American Optical Corp. v. Spiewak, 73 So.3d 120 (Fla.2011), we affirm.” Miles v. Weingrad {Miles II), 103 So.3d 259, 259-60 (Fla. 3d DCA 2012). The majority has granted review on the ground that this decision expressly and directly conflicts with Raphael v. Sheeter, 18 So.3d 1152 (Fla. 4th DCA 2009). I disagree.

Under article V, section 3(b)(3) of the Florida Constitution,…