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DEYOUNG v. BIERFELD

Nos. 87-1600, 87-2080.

533 So.2d 933 (1988)

Patricia C. DEYOUNG, As Personal Representative of the Estate of William G. Deyoung, Deceased, Appellant, v. James L. BIERFELD, M.D. and James L. Bierfeld, M.D., P.A., Appellees.

District Court of Appeal of Florida, Third District.

November 22, 1988.

Attorney(s) appearing for the Case

Stanley M. Rosenblatt and Laura S. Rotstein and Judith Hayes, for appellant.

Stephens, Lynn, Klein & McNicholas and Debra J. Snow and Robert M. Klein, and Magill & Lewis and R. Fred Lewis, for appellees.

Before SCHWARTZ, C.J., and NESBITT and JORGENSON, JJ.

PER CURIAM.

We reverse the summary final judgment in favor of the defendants in a medical malpractice action as barred by limitations because claimant's former attorney's affidavit created disputed questions of fact which should have been resolved in an evidentiary hearing as to whether claimant unreasonably failed to comply with formal discovery as required by sections 768.57(3)(a) and 768.57(6), Florida Statutes (1985...

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