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DOBER v. WORRELL

No. 59608.

401 So.2d 1322 (1981)

Stanley DOBER, M.D., Alan B. Cohen, M.D., and H. John Richmond, M.D., Petitioners, v. Julian WORRELL and Roselynn Worrell, His Wife, Co-Administrators of the Estate of Jason Worrell, a Deceased Minor, and Julian Worrell and Roselynn Worrell, Individually, Respondents.

Supreme Court of Florida.

July 23, 1981.

Attorney(s) appearing for the Case

Marjorie D. Gadarian of Jones & Foster, West Palm Beach, for petitioners.

David T. Price and Peggy J. Tribbett of Price, Byrne & Tribbett, Fort Lauderdale, for respondent.

OVERTON, Justice.

This is a petition to review a decision of the Fourth District Court of Appeal, reported at 384 So.2d 897 (Fla.4th DCA 1980). The issue is whether an appellant on appeal from summary judgment may raise for the first time an affirmative defense to the statute of limitations and have the appellate court remand to the trial court for repleading of the newly asserted defense.

In its opinion, the district court...

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