The U.S. Supreme Court denied the petition for certiorari today in Crespo, the case in which the Supreme Court of Florida (FSC) declared void arbitration agreements that adopt the Florida Medical Malpractice Act, but fail to include all of the Act's arbitration provisions. The Crespo order can be found at the link below:
Creed & Gowdy Of Counsel, Gray Thomas, won a reversal of a summary denial of a motion for post-conviction relief in the Fifth District Court of Appeal on Friday, sending the case back to the circuit court for an evidentiary hearing. Gray represented the appellant, Corey Reynolds, who appealed the summary denial of his Florida Rule of Criminal Procedure 3.850 motion alleging ineffective assistance of counsel. Mr. Reynolds alleges that his trial counsel was ineffective for failing to pursue an involuntary intoxication defense, and that counsel did not believe the involuntary intoxication defense existed in Florida as a matter of law. Read the opinion here.
Creed & Gowdy Of Counsel, Thomas A. Burns, won an appeal relating to the Stand Your Ground Statute in the Florida Supreme Court on Thursday. Thomas represented the petitioner, Ketan Kumar, in his appeal to determine whether an immunity determination pursuant to the Stand Your Ground law in a criminal proceeding controls in a civil proceeding. In the opinion, the Court resolved a split between the Florida Second and Third District Courts of Appeal by agreeing with Mr. Kumar's argument that the statute does not automatically confer immunity to a civil defendant who obtained immunity from prosecution in a criminal proceeding. Read the opinion here.
To view additional articles about this case, see below:
News 4 Jax article discusses Creed & Gowdy case up for certiorari review in the United States Supreme Court. Read the article here.
In early 2017, the Florida Supreme Court issued an opinion overturning a decision by the First District Court of Appeal, which said a federal patient-safety law shielded the hospital system from disclosing important records during a medical malpractice lawsuit. Southern Baptist Hospital filed a petition for writ of certiorari in June, 2017 in the United States Supreme Court. Creed & Gowdy filed their response to the petition on behalf of Ms. Charles in August.
In the underlying case, the family of Marie Charles filed a malpractice lawsuit alleging she suffered neurological injuries because of negligence while she was a patient at two Baptist Medical Center facilities. While in the lower court, Southern Baptist Hospital of Florida turned over some requested documents but refused to produce others.
Bryan Gowdy and Jessie Harrell, on behalf of their client, Lualhati Crespo a former patient at a Florida women's health provider, told the U.S. Supreme Court there's no reason for the high court to hear the provider's appeal regarding the Federal Arbitration Act (FAA). In their brief in opposition to Women's Care Florida's petition for writ of certiorari, Bryan and Jessie argue that the petition should be denied for multiple reasons, including that since Petitioners did not argue in the state courts that the FAA applied until after the Supreme Court of Florida issued its opinion, the United States Supreme Court lacks jurisdiction to address Women's Care newly asserted reliance on federal law. Read the full Law360 article here.