Stella v. Ash, No. 79-1250

CourtFlorida District Court of Appeals
Writing for the CourtPER CURIAM
Citation380 So.2d 488
PartiesNicholas A. STELLA et al., Appellants, v. Terrence M. ASH, D.C., Appellee.
Docket NumberNo. 79-1250
Decision Date19 February 1980

Page 488

380 So.2d 488
Nicholas A. STELLA et al., Appellants,
v.
Terrence M. ASH, D.C., Appellee.
No. 79-1250.
District Court of Appeal of Florida, Third District.
Feb. 19, 1980.

Page 489

Horton, Perse & Ginsberg and Edward A. Perse, P. J. Carroll & Associates, Miami, for appellants.

Bradford, Williams, McKay, Kimbrell, Hamann, Jennings & Kniskern and Susan J. Cole, Miami, for appellee.

Before BARKDULL, SCHWARTZ and BASKIN, JJ.

PER CURIAM.

By 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.

We 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.

Therefore, the final order of dismissal 2 be and the same is hereby reversed for further proceedings.

Reversed and remanded, with directions.

---------------

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

2 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 Mott decision.

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2 practice notes
  • Ash v. Stella, No. 63347
    • United States
    • Florida Supreme Court
    • October 11, 1984
    ...rendered, there was nothing in the complaint to indicate whether or not the proper diagnosis was conveyed to the patient. Stella v. Ash, 380 So.2d 488 (Fla. 3d DCA 1980). On remand, after additional discovery established that Mrs. Stella had been informed of the proper diagnosis on the day ......
  • State v. Florida Parole Com'n, No. 92-3089
    • United States
    • Court of Appeal of Florida (US)
    • September 3, 1993
    ...statutory revision addressed entitlement to credit. Citing Castle, the Third District Court affirmed the order denying credit time. 380 So.2d at 488. In the instant case, the trial court properly found no constitutional violation in the amending of section 921.001 to permit application of t......
2 cases
  • Ash v. Stella, No. 63347
    • United States
    • Florida Supreme Court
    • October 11, 1984
    ...rendered, there was nothing in the complaint to indicate whether or not the proper diagnosis was conveyed to the patient. Stella v. Ash, 380 So.2d 488 (Fla. 3d DCA 1980). On remand, after additional discovery established that Mrs. Stella had been informed of the proper diagnosis on the day ......
  • State v. Florida Parole Com'n, No. 92-3089
    • United States
    • Court of Appeal of Florida (US)
    • September 3, 1993
    ...statutory revision addressed entitlement to credit. Citing Castle, the Third District Court affirmed the order denying credit time. 380 So.2d at 488. In the instant case, the trial court properly found no constitutional violation in the amending of section 921.001 to permit application of t......

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