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DIAZ v. PUBLIC HEALTH TRUST OF DADE CTY.

No. 85-1499.

492 So.2d 1082 (1986)

Manuel C. DIAZ, Individually and As the Father of Diana Margarita Diaz, a Minor; Manuel C. Diaz and Emilia Beatriz Diaz-Fox, As Trustees and/or Legal Guardians for Diana Margarita Diaz, Barbara Diaz, Individually and As the Mother of Diana Margarita Diaz, Appellants/Cross-Appellees, v. The PUBLIC HEALTH TRUST OF DADE COUNTY, D/B/a Jackson Memorial Hospital; Madleene M. Sawyer, M.D.; Tilo Gerhardt, M.D.; George Bikajzi, M.D.; Steven Goldman, M.D.; Cedars of Lebanon Health Care Center, D/B/a Cedars of Lebanon Hospital; Antonio Lopez-Vega, M.D.; M. Jo. D'Sullivan, M.D.; and R.N. Goldberg, M.D., Appellees, and The University of Miami, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 4, 1986.

Attorney(s) appearing for the Case

Emilia Diaz-Fox, for appellants/cross-appellees.

Thornton, David & Murray and Kathleen M. O'Connor, Miami, for appellees Public Health Trust of Dade County, George Bikajzi, M.D., and Tilo Gerhardt, M.D.

Adams, Hunter, Angones, Adams, Adams & McClure and Christopher Lynch, for appellee Cedars of Lebanon Hosp.

Fowler, White, Burnett, Hurley, Banick & Strickroot and T. Michael Kennedy, Miami, for appellee/cross-appellant The University of Miami.

No appearance for appellees Madleene M. Sawyer, M.D., Steven Goldman, M.D., Antonio Lopez-Vega, M.D., M. Jo. D'Sullivan, M.D. and R.N. Goldberg, M.D.

Before BASKIN, FERGUSON and JORGENSON, JJ.

FERGUSON, Judge.

This appeal is from an order of the trial court which dismissed a medical malpractice action pursuant to Florida Rule of Civil Procedure 1.420(e) for failure to prosecute. The University of Miami cross-appeals from the denial of its motion for summary judgment on statute of limitations grounds.

Plaintiffs/appellants instituted the action on April 11, 1983, one day before the statute of limitations would expire, but did not attempt to serve...

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