James Curtis Boyd v. Ferdinand F. Becker

James Curtis Boyd petitions for review of Boyd v. Becker, 603 So.2d 1371 (Fla. 4th DCA 1992), in which the district court held that Boyds medical malpractice action was barred by section 766.106(3)(a), Florida Statutes (1989), the statute of limitations for medical malpractice suits. The district court acknowledged that section 766.106(3)(c) conflicts with section 766.106(3)(a) inasmuch as the former section provides a longer period in which to file suit. However, the district court found that the conflict between the statutes was resolved by this Courts adoption of Florida Rule of Civil Procedure 1.650 and that it was bound to follow this rule. The district court also acknowledged that its decision conflicts with Barron v. Crenshaw, 573 So.2d 17 (Fla. 5th DCA 1990). We find conflict and have jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution.