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BROOKS v. CERRATO

No. 76-2158.

355 So.2d 119 (1978)

Effie Sharon BROOKS and Richard L. Brooks, Her Husband, Appellants, v. Walter A. CERRATO, M.D., C.M. Aker, Curtis G. Wherry, James A. Sasser and Walter A. Cerrato, P.A., St. Paul Fire & Marine Insurance Company, a Foreign Corporation, and Ben C. Storey, M.D., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearings Denied March 9, 1978.

Attorney(s) appearing for the Case

Larry Sands of Larry Sands, P.A., Daytona Beach, for appellants.

Michael P. Falkowski of Hoffman, Hendry, Parker & Smith, Orlando, for appellees-Cerrato, Aker, Wherry, Sasser, and St. Paul.

Charles Abbott and Carl D. Motes of Maguire, Voorhis & Wells, P.A., Orlando, for appellee-Storey.

ALDERMAN, Chief Judge.

The patient in a medical malpractice case appeals from a summary final judgment in favor of two doctors and other related defendants. The trial court found that there was no genuine issue as to any material fact and held as a matter of law that the plaintiff's claim was barred by the statute of limitations. We must determine first which of two statutes of limitations is applicable and then whether the record supports the trial court's conclusion...

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