GLOTZER v. MOSELLE

No. 4-86-2831.

515 So.2d 375 (1987)

Leon GLOTZER and Rachel Glotzer, His Wife, Appellants, v. Herbert I. MOSELLE, M.D., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

November 12, 1987.


Attorney(s) appearing for the Case

Jeanne Heyward, Miami, and Steven K. Deutsch, Miami, for appellants.

James C. Blecke, Miami, for appellee-Marshall J. Brumer, M.D.


LETTS, Judge.

The trial court held that a defendant doctor, allegedly negligent for failure to diagnose an ear condition, was entitled to a summary judgment because "as a matter of law there is no issue of material fact." We reverse.

The patient, in opposing the motion for summary judgment, filed an affidavit which alleged:

1. That he had repeatedly complained to the defendant doctor about abnormal drainage from his ear. 2. That the defendant...

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