Florida District Courts of Appeal, 1982

Rubin v. Glick

Florida District Courts of Appeal · Decided September 28, 1982 · Bark, Daniel, Dull, Hubbart, Pearson

419 So. 2d 817; 1982 Fla. App. LEXIS 21282 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Verde Capital Corp. v. Gutierrez (Fla. Dist. Ct. App. 1989)
Tribune Co. v. Huffstetler (Fla. Dist. Ct. App. 1984)
Bethesda Radiology Associates, P.A. v. Yaffee (Fla. Dist. Ct. App. 1983)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The appellant’s sole contention on appeal is that Florida Rule of Civil Procedure 1.450(e)1 unconstitutionally denies him, a *818medical malpractice plaintiff, rights accorded dissimilar plaintiffs and that any non-arbitrary basis for this separate classification disappeared when the Florida Supreme Court in Aldana v. Holub, 381 So.2d 231 (Fla. 1980), declared the medical mediation act unconstitutional as violative of due process. Because the appellant did not challenge the constitutionality of the rule in the trial court, we will not entertain his challenge here. Century Village, Inc. v. Wellington, E, F, K, L, H, J, M, & G, Condominium Association, 361 So.2d 128 (Fla. 1978); Sanford v. Rubin, 237 So.2d 134 (Fla. 1970); Granados v. Miller, 369 So.2d 358 (Fla. 4th DCA 1979); Picchione v. Asti, 354 So.2d 954 (Fla. 3d DCA 1978).

Affirmed.

. The rule provides:

“In any civil medical malpractice action, the trial on the merits shall be conducted without any reference to insurance, to insurance coverage, or to the joinder of an insurer as co-defendant in the suit.”

Case-law data current through December 31, 2025. Source: CourtListener bulk data.