In 2016, Creed & Gowdy filed a notice of appeal on behalf of their client, Guillermo Tabraue, III, Esq., as Personal Representative of the Estate of Suyma Torres in the Third District Court of Appeal, after the trial court dismissed the Estate's complaint with prejudice. During the course of briefing, Bryan Gowdy argued that a hospital has a nondelegable, implied contractual duty to provide emergency care to a patient. In March, the Court issued it's opinion, affirming the trial court's ruling. Mr. Gowdy, along with the Estate's trial counsel, Jorge Silva, are now taking the case to the Florida Supreme Court, having filed a jurisdictional brief on May 17, arguing that the Third District certified a direct conflict between its decision below and three decisions of the Fourth District. See Art. V, §3(b)(4), Fla. Const; (certifying conflict with Newbold-Ferguson v. Amisub (N. Ridge Hosp.), Inc., 85 So. 3d 502 (Fla 4th DCA 2012); Wax v. Tenet Health Sys. Hosps., Inc., 955 So. 2d 1 (Fla. 4th DCA 2007); and Irving v. Doctors Hosp. of Lake Worth, Inc., 415 So. 2d 55 (Fla. 4th DCA 1982)).
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