HCA Health Services of Florida, Inc. v. Branchesi (620 So. 2d 176, 1993)

PER CURIAM.

We have on appeal HCA Health Services of Florida v. Branchesi, 597 So.2d 414 (Fla. 4th DCA 1992), in which the Fourth District Court of Appeal upheld the trial court’s ruling that sections 766.207 and 766.209, Florida Statutes (1989), violated the right of access to the courts. Art. I, § 21, Fla. Const. Both HCA Health Services and Perry Lloyd, III, M.D. appealed the district court’s opinion. We have jurisdiction based on article V, section 3(b)(1) of the Florida Constitution, and we consolidate these cases for the purpose of this opinion.

In University of Miami v. Echarte, 618 So.2d 189 (Fla.1993), we held that sections 766.207 and 766.209 do not violate the right of access to the courts. Accordingly, we reversé the decision below and remand for proceedings consistent with our opinion in Echarte.

It is so ordered.

OVERTON, McDonald, GRIMES and HARDING, JJ., concur.

KOGAN, J., concurs with an opinion.

BARKETT, C.J., and SHAW, J., dissent with opinions.

KOGAN, Judge,

concurring.

I concur with the majority opinion in this case solely because of this Court’s holding in University of Miami v. Echarte, 618 So.2d 189 (Fla.1993).

BARKETT, Chief Judge,

dissenting.

I dissent for the reasons stated in my dissenting opinion in University of Miami v. Echarte, 618 So.2d 189 (Fla.1993).

SHAW, Judge,

dissenting.

For the reasons expressed in my dissenting opinion in University of Miami v. Echarte, 618 So.2d 189 (Fla.1993), I dissent.