Supreme Court of Florida

Kimberly Ann Miles, Petitioners v. Daniel Weingrad, M.d., Respondent

May 21, 201540 Fla. L. Weekly Supp. 279

Summary

The court held that a statutory cap on noneconomic medical-malpractice damages could not be applied retroactively to a cause of action that accrued before the cap's effective date because the plaintiff had a vested substantive right in that cause of action. It quashed the decision below, approved the contrary district-court decision, disapproved the rationale used below, and directed reinstatement of the original judgment. Justice Pariente, concurring, defended the court's conflict jurisdiction, while Justice Canady, dissenting, would have discharged the case for lack of jurisdiction.