Legal Opinion · Concurrence

University of Florida Board of Trustees v. Morris

District Court of Appeal of Florida

Decided July 27, 2007No. 2D06-4789Published

1ConcurrenceAltenbernd, Judge

I fully concur in this opinion. I write only to question the sovereign immunity ramifications that appear to underlie the arrangement between the emergency room physicians at Winter Haven Hospital and UFBOT. If the University of Florida is essentially selling its sovereign immunity for profit to physicians and hospitals that do not otherwise possess sovereign immunity, this is a practice that should be carefully examined.

Like many hospitals, Winter Haven Hospital is not a governmental entity. It is a not-for-profit corporation. Such corporations have never had sovereign immunity in Florida.3…

2Cases cited2 opinions

  1. American Home Assur. v. NAT. RR CORP.Supreme Court of Florida · 2005
  2. Fritsch v. Rocky Bayou Country Club, Inc.District Court of Appeal of Florida · 2001

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