AVILA v. WINN

No. 880482.

794 P.2d 20 (1990)

Rolando AVILA, Plaintiff and Appellant, v. Robert T. WINN, M.D.; Holy Cross Family Health and Emergency Center; Holy Cross Hospital Park City Ambulance; Holy Cross Hospital; and David M. Howe, M.D., Defendants and Respondents.

Supreme Court of Utah.

June 1, 1990.


Attorney(s) appearing for the Case

Charles C. Brown, Jeffrey B. Brown, Budge W. Call, Salt Lake City, for Avila.

Rolando Avila, Park City, pro se.

William W. Barrett, James B. Hanks, Salt Lake City, for Dr. Howe.

David H. Epperson, Mark J. Williams, Salt Lake City, for Dr. Winn.

David W. Slagle, Elizabeth King Brennan, Salt Lake City, for Holy Cross.


HALL, Chief Justice:

Plaintiff presented this appeal pro se from an order granting defendants' second motion to dismiss with prejudice filed in the district court. The trial court granted the dismissal for plaintiff's failure to comply with Utah Code Ann. § 78-14-12 (Supp. 1986), in that plaintiff did not file his complaint within the time specified after the prelitigation panel review. We reverse.

FACTS

On February 1, 1984, plaintiff Rolando...

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