Florida’s Sixth District Court of Appeal Upholds Lower Court’s Ruling, Siding With Lakeland Regional Medical Center and Doctors in Lawsuit Filed by Estate of Michael Maskolunas.
The Sixth District Court of Appeal for the State of Florida has affirmed the summary judgment previously granted in favor of Lakeland Regional Medical Center, Dr. John P. Zetty, and Dr. Bruce Meyers. The decision, issued on Friday, concludes the appeal brought by Michelle Maskolunas, acting as the personal representative of her late husband’s estate.
The appellate panel reviewed the case, Michelle Maskolunas v. Lakeland Regional Medical Center Inc., et al., which originated from the Circuit Court for Polk County. The appeal challenged the lower court’s decision to grant summary judgment to the appellees, effectively dismissing the medical malpractice lawsuit before it could go to trial.
The court’s brief, two-page opinion stated that it had “duly considered the briefs and authorities cited therein” and concluded that “reversible error has not been demonstrated.”
The ruling cited established legal precedents, including cases concerning the statute of limitations and the retroactivity of laws. The court’s decision did not provide extensive details on its reasoning, a common practice in appeals where the lower court’s judgment is affirmed.
The case centered on allegations of medical negligence. The court’s decision to affirm the summary judgment indicates that the legal arguments presented by the defendants were successful in demonstrating that there was no genuine issue of material fact for a jury to decide.
The ruling effectively ends this chapter of the legal battle for the Maskolunas family.
Attorneys involved in the case were Jean M. Henne of Winter Haven, who represented the appellant Michelle Maskolunas, and Marie A. Borland, Ethen R. Shapiro, and Rachel E. Eilers of Hill, Ward & Henderson, P.A., who represented Lakeland Regional Medical Center. Dr. Zetty and Dr. Meyers were represented by Edward M. Copeland, IV.