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CHAPMAN BY AND THROUGH CHAPMAN v. GARCIA

Nos. 84-2361, 84-2362.

463 So.2d 528 (1985)

Nicole CHAPMAN, a Minor, by and through Her Parents and Next Friends, Verna D. CHAPMAN and Kenneth Chapman; Verna D. Chapman and Kenneth Chapman, Individually; and Lawrence B. Rodgers, Esq. and Lawrence Rodgers, P.A., Petitioners, v. Jorge GARCIA, M.D.; North Shore Medical Center, Inc.; Florida Patient's Compensation Fund; and Milton Kelner, As Guardian Ad Litem and Attorney Ad Litem for and On Behalf of Nicole Chapman, a Minor, Respondents.

District Court of Appeal of Florida, Third District.

February 12, 1985.

Attorney(s) appearing for the Case

Horton, Perse & Ginsberg, and Arnold Ginsberg, Miami, for petitioners.

Lanza, Sevier & O'Connor, and Kevin O'Connor; Milton Kelner, Miami, for respondents.

Before SCHWARTZ, C.J., and HUBBART and FERGUSON, JJ.

FERGUSON, Judge.

On January 26, 1984, defendants Florida Patient's Compensation Fund and Dr. Garcia were heard on motions for summary judgment which set forth as grounds therefor that plaintiffs' medical malpractice claim was barred by the statute of limitations. The court reserved ruling on the motions and instead entered an order, sua sponte, appointing an attorney/guardian ad litem to represent the minor plaintiff...

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