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COHEN v. BAXT

No. 84-835.

473 So.2d 1340 (1985)

Herbert COHEN, Appellant, v. Paul BAXT, M.D., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 4, 1985.

Attorney(s) appearing for the Case

Spence, Payne, Masingon & Grossman, P.A., and Joel D. Eaton of Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin, P.A., Miami, for appellant.

Steven Billing of Billing, Cochran & Heath, P.A., Fort Lauderdale, and Edna L. Caruso of Edna L. Caruso, P.A., West Palm Beach, for appellees.

HERSEY, Chief Judge.

The issue in this appeal from a summary final judgment is the applicability of the two-year statute of limitations for medical malpractice claims (section 95.11(4)(b), Florida Statutes (1983)) to a complaint against the Florida Patient's Compensation Fund.

The trial court found the statute applicable and held by implication that the allegations of the complaint established that the claim was...

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