Wojcik v. Brooksville Regional Hospital
Docket: No. 2D99-4999
Court: District Court of Appeal of Florida; August 23, 2000; Florida; State Appellate Court
In the medical malpractice case involving Janet Wojcik against Brooksville Regional Hospital, the appellate court dismissed Wojcik's appeal of the trial court's nonfinal order that allowed the defendant to strike count VI of her complaint with leave to amend. Wojcik argued that the deficiencies noted in the trial court’s order rendered it an appealable final ruling under Florida Rule of Appellate Procedure 9.030(B)(1)(a). However, the court found that the issues Wojcik raised were not evident in the record and did not warrant appellate relief. The court distinguished this case from Eagle v. Eagle, where a dismissal without prejudice was deemed final because the appellant had to initiate a new action, which is not the situation for Wojcik. The court referenced several precedents to support its decision and ultimately dismissed the appeal, with both Threadgill, A.C.J., and Stringer, J., concurring.