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CATES EX REL. CATES v. GRAHAM

No. 81-1193.

427 So.2d 290 (1983)

Robert B. CATES, BY AND THROUGH His Parent and Natural Guardian, Anne L. CATES, and Robert B. Cates and Anne L. Cates, Individually, Appellants, v. Orlando R. GRAHAM, M.D., Ponder & Associates Emergency Physicians, P.A., and North Shore Hospital, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Third District.

February 22, 1983.

Attorney(s) appearing for the Case

Nancy Little Hoffman, Fort Lauderdale, Winitz, Liroff & Kolsky and Edward N. Winitz, Miami, for appellants.

Walton, Lantaff, Schroeder & Carson and George W. Chesrow, Miami, for appellees.

Before BARKDULL, BASKIN and JORGENSON, JJ.

OPINION ON REHEARING GRANTED

BARKDULL, Judge.

The trial court granted a summary judgment for the defendant in a medical malpractice action finding that the plaintiff's cause of action was barred by the statute of limitations. The summary judgment reads as follows:

THIS CAUSE came before the Court on the Motion for Summary Judgment of Defendants, ORLANDO R. GRAHAM, M.D.; PONDER & ASSOCIATES EMERGENCY...

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