final until disposition of timely filed motion for rehearing.
Appeal from the Circuit Court for Miami-Dade County Lower
Tribunal No. 16-16511, Jose M. Rodriguez, Judge.
Porter, Ebenfeld & Stein, P.A., and Dinah Stein and Mark
Hicks; Law Office of John D. Kelner, and John D. Kelner
(Davie); Burt E. Redlus, P.A., and Burt E. Redlus, for
Law Offices, P.A., and Theodore S. Forman (Delray Beach);
Burlington & Rockenbach, P.A., and Philip M. Burlington
and Adam Richardson (West Palm Beach), for appellees.
Holland & Knight, LLP, and Mark K. Delegal (Tallahassee);
William W. Large (Tallahassee), for Florida Justice Reform
Institute as amicus curiae.
& Jenerette, P.A., and Kansas R. Gooden (Jacksonville);
Saalfield Shad Law Firm, and Travase L. Erickson
(Jacksonville), for Florida Defense Lawyers Association as
Grossman Roth Yaffa Cohen, P.A., and Rachel W. Furst, for
Florida Justice Association as amicus curiae.
EMAS, C.J., and SALTER and GORDO, JJ.
Taylor Poole and the medical practice of Poole & Villani,
M.D., P.A. (collectively, "Dr. Poole"), appeal a
final judgment entered following a jury verdict in favor of
Deborah DeFranko and her husband, Myron Siegel, in a medical
malpractice lawsuit. After the entry of the verdict, Dr.
Poole moved the trial court to enter a final judgment in
conformance with sections 766.207 and 766.209, Florida
Statutes (2018), reducing the damages awarded for noneconomic
damages to the maximum amounts allowed by those provisions.
trial court denied Dr. Poole's motion, ruling that
"sections 766.207(7)(k) and 766.209(4)(a), Florida
Statutes are unconstitutional as they violate the Florida
Constitution's guarantee of equal protection under the
law," citing article I, section 2 of the Florida
Constitution. We reverse and remand for the entry of an
amended final judgment reducing the jury's award to Ms.
DeFranko from $450, 000.00 to $350, 000.00. We affirm the
verdict and separate judgment awarding $50, 000.00 to Mr.
constitutionality of a statute is a pure question of law . .
. subject to de novo review." Bean v. Univ. of
Miami, 252 So.3d 810, 815 (Fla. 3d DCA 2018) (quoting
City of Ft. Lauderdale v. Dhar, 185 So.3d 1232, 1234
(Fla. 2016)). Additionally, as set forth in Lewis v. Leon
County, 73 So.3d 151, 153-54 (Fla. 2011):
Although our review is de novo, statutes come clothed with a
presumption of constitutionality and must be construed
whenever possible to effect a constitutional outcome.
"[S]hould any doubt exist that an act is in violation .
. . of any constitutional provision, the presumption is in
favor of constitutionality. To overcome the presumption, the
invalidity must appear beyond ...