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380 So. 2d 488

Stella v. Ash

District Court of Appeal of Florida

Decided February 19, 1980

District Court of Appeal of Florida · decided 1980-02-19

Cited by 1 later decisions — most recently October 1984

1 state decisions

Relies on Nolen v. Sarasohn · 375 So. 2d 360 - Mott v. Fort Pierce Memorial Hospital

Good law ✅— No negative treatment on recordhow we know

Decided 1980-02-19

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PER CURIAM.

¶1By this appeal, the appellant seeks review of a final order dismissing without leave to amend his complaint alleging malpractice, the trial judge having found that it appeared on the face of the complaint that the applicable statute of limitations had run.

¶2We reverse upon the reasoning contained in Mott v. Fort Pierce Memorial Hospital, 375 So.2d 360 (Fla. 4th DCA 1979).1 The complaint alleges that the proper diagnosis of the patient’s illness was made without the statute of limitations. However, the complaint is silent as to whether or not the nature of this diagnosis was conveyed to the patient.

¶3Therefore, the final order of dismissal2 be and the same is hereby reversed for further proceedings.

¶4Reversed and remanded, with directions.

¶5. See and compare: Nolen v. Sarasohn, 379 So.2d 161 (Fla. 3d DCA 1980).

¶6. It is noted that the order, the subject matter of this appeal, was entered by the trial court without the benefit of the reasoning in the Mottdecision.

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