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STELLA v. ASH, D.C.

No. 80-2335.

425 So.2d 122 (1982)

Nicholas A. STELLA, As Personal Representative of the Estate of Cynthia Lee Stella, Deceased, Etc., et al., Appellants, v. Terrence M. ASH, D.C., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 2, 1983.

Attorney(s) appearing for the Case

Horton, Perse & Ginsberg and Edward A. Perse, Carroll, Halberg & Meyerson, Miami, for appellants.

Kimbrell, Hamann, Jennings, Womack, Carlson & Kniskern and Michael K. McLemore, Miami, for appellee.

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

PER CURIAM.

The trial court, finding that the appellants' wrongful death action was limitations-barred under Section 95.11(4)(b), Florida Statutes (1979), entered summary judgment for Dr. Ash. We reverse upon holdings that (1) a wrongful death action, when, as here, brought within two years from the time of death of the injured party, is not limitations-barred, Perkins v. Variety Children's Hospital, 413 So.2d 760 (Fla. 3d...

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