02-0216 RANA V. FLYNN

State: Florida

Court: Florida Third District Court

Docket No: 02-0216 RANA V. FLYNN

Case Date: 08/14/2002

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2002

K. RANA, M.D., Appellant, vs. MARION FLYNN, Appellee.

** ** ** ** ** CASE NO. 3D02-216 LOWER TRIBUNAL NO. 00-10278

Opinion filed August 14, 2002. An Appeal from a Non-Final Order from the Circuit Court for Miami-Dade County, Philip Bloom, Judge. Kaye, Rose & Maltzman and Jeffrey B. Maltzman and Darren W. Friedman, for appellant. Downs and Associates and Lee Friedland and Peggy Urbaneja, for appellee. Before JORGENSON, GODERICH and SHEVIN, JJ. SHEVIN, Judge. Kamlesh Rana, M.D., appeals an order denying his motion to dismiss for lack of personal jurisdiction. We affirm.

Dr. Rana was the physician aboard Carnival Cruise Line's

Imagination. attack.

Marion Flynn, a passenger, experienced a heart

Flynn was attended by Dr. Rana, and staff, as the ship

sailed into Florida waters, docked at the Port of Miami, and transport to a local hospital was arranged. Flynn filed a

medical malpractice complaint against, inter alia, Dr. Rana, asserting that his care was inadequate. Dr. Rana filed a motion The court denied

to dismiss for lack of personal jurisdiction. the motion.

Based on Athanassiadis v. National Car Rental Sys., 699 So. 2d 330 (Fla. 5th DCA 1997), and Rossa v. Sills, 493 So. 2d 1137 (Fla. 4th DCA 1986), the court properly determined, on this record, that personal jurisdiction under the long-arm statute was proper over a defendant who allegedly commits a tort within this state.

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