Michelle Maskolunas, as Spouse, Survivor, and Personal Representative of the Estate of Michael Maskolunas v. Lakeland Regional Medical Center Inc., d/b/a Lakeland Regional Medical Center, John P. Zetty, D.O., and Bruce Meyers, M.D.

Summary

The Sixth District Court of Appeal of Florida affirmed a trial court order granting summary judgment to Lakeland Regional Medical Center and the defendant physicians in a medical-malpractice-related action. The court concluded that the appellant had not demonstrated reversible error, citing authority concerning the retroactive application of statutes of limitations.

Holdings

1. A modified statute-of-limitations period may apply to existing rights when a reasonable time is provided after enactment and before the new period operates as a bar for the party to exercise the right.
2. The issues were not unpreserved merely because the trial court did not expressly rule on them; absent stated reasoning, an appellate court presumes that intermediary conclusions were resolved in favor of the trial court's ultimate conclusion.
3. Reversible error was not demonstrated, and the order granting summary judgment for the appellees was affirmed.

Questions Presented

1. Whether the circuit court properly granted summary judgment in favor of the appellees in light of the statute-of-limitations and retroactivity issues raised on appeal.
2. Whether the issues raised on appeal were preserved despite the trial court's failure to expressly rule on them.

Disposition

affirmed