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SWAGEL v. GOLDMAN

No. 80-1087.

393 So.2d 65 (1981)

Harry SWAGEL, Appellant, v. Solomon B. GOLDMAN, Appellee.

District Court of Appeal of Florida, Third District.

February 3, 1981.

Attorney(s) appearing for the Case

Galbut, Galbut & Menin and Howard N. Galbut, Miami Beach, for appellant.

Lanza, Sevier & Womack and G.J. Godfrey, Coral Gables, for appellee.

Before SCHWARTZ, BASKIN and DANIEL S. PEARSON, JJ.

SCHWARTZ, Judge.

The trial court granted summary judgment to the defendant physician, Dr. Goldman, on the ground that the medical malpractice two-year statute of limitations had expired. Sec. 95.11(4)(b), Fla. Stat. (1979).1 This ruling was based on the conclusion that, as a matter of law, the limitations period began to run when, after an operation performed by the defendant, the plaintiff discovered that he was incontinent. The plaintiff...

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