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BONDURANT v. GEEKER

No. BQ-212.

499 So.2d 909 (1986)

Robert E. BONDURANT, M.D., Petitioner, v. The Honorable Nicholas P. GEEKER, Circuit Judge for the First Judicial Circuit in and for Escambia County, Respondent.

District Court of Appeal of Florida, First District.

Rehearing Denied January 23, 1987.

Attorney(s) appearing for the Case

Danny L. Kepner, of Shell, Fleming, Davis & Menge, Pensacola, for petitioner.

R.P. Warfield, of Levin, Warfield, Middlebrooks, Mabie, Thomas, Mayes & Mitchell, and Donald H. Partington, of Clark, Partington, Hart, Larry, Bond & Stackhouse, Pensacola, for respondent.

PER CURIAM.

Petitioner seeks a writ of prohibition prohibiting the trial judge from allowing a wrongful death action to proceed. Petitioner moved to dismiss the complaint on the ground that the statute of limitations period had expired. The trial court agreed with petitioner's contention that under section 768.57 Fla. Stat. 1986, the complaint filed before 90 days from the date of serving notice of intent to litigate did not toll the statute of limitations. However...

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