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WHITNEY v. MARION COUNTY HOSP. DIST.

No. 81-718.

416 So.2d 500 (1982)

Carolyn E. WHITNEY and Laurence J. Whitney, Her Husband, Appellants, v. MARION COUNTY HOSPITAL DISTRICT, a Corporation, d/b/a Munroe Regional Medical Center, and Formerly d/b/a Munroe Memorial Hospital, Samuel L. Renfroe, M.D., P.A., a Professional Service Corporation, Formerly Known As Renfroe, Guin and Sabol, P.A., Florida Patient's Compensation Fund, an Association Created and Controlled by Section 768.54 of the Florida Statutes and Ruby G. Guin, As Personal Representative of the Estate of Thomas D. Guin, Deceased, Appellees.

District Court of Appeal of Florida, Fifth District.

July 7, 1982.

Attorney(s) appearing for the Case

Neal D. Evans, Jr., Jacksonville, for appellants.

Edwin C. Cluster of Ayres, Cluster, Curry, McCall & Briggs, P.A., Ocala, for appellee Marion County Hosp. Dist.

No appearance for appellees Renfroe, Florida Patient's Compensation Fund and Guin.

ORFINGER, Chief Judge.

This is an appeal from a final summary judgment in a medical malpractice action. The trial court found that the action was barred by section 95.11(4)(b), Florida Statutes (1977) (the two-year limitation on medical malpractice actions), and that plaintiffs had failed to comply with section 768.28(6), Florida Statutes (1977), the notice provision under the waiver of sovereign immunity act. We reverse.

In a multi-count complaint filed April...

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