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MEYER v. GOULD

No. 74-23.

300 So.2d 730 (1974)

Dorothy MEYER, Administratrix of the Estate of Estelle Etta Austin, a/K/a Estelle Austin, Deceased, Appellant, v. Kenneth G. GOULD, M.D., and St. Joseph's Hospital, a Florida Corporation, Appellees.

District Court of Appeal of Florida, Second District.

September 27, 1974.

Attorney(s) appearing for the Case

Russell K. Peavyhouse, Peavyhouse, Giglio & Grant, Tampa, for appellant.

M.W. Graybill and James C. Delesie, Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellees.

PER CURIAM.

This case is controlled by Maltempo v. Cuthbert, Fla.App.2d, 1974, 288 So.2d 517, and DeLuca v. Mathews, Fla.App.4th, 1974, 297 So.2d 854, which were decided while the appeal was pending. Since the judgment of dismissal was specifically predicated upon Fla. Stat. § 95.11(6), the other points raised by the motions to dismiss remain open for consideration.

Reversed and remanded...

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