Supreme Court of Florida

Donna Franks v. Gary John Bowers, M.d. — Canady, J., Dissenting

June 20, 201338 Fla. L. Weekly Supp. 416

Summary

Justice Canady dissents, arguing that the Supreme Court lacks jurisdiction because the Franks decision does not directly conflict with University of Miami v. Echarte, and contending that the Financial Agreement actually furthers the legislative purpose of the Medical Malpractice Act rather than violating public policy. The dissent also critiques the majority’s view that the agreement contravenes the Florida Arbitration Code.