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KING v. PEARLSTEIN

No. 91-00332.

592 So.2d 1176 (1992)

William KING and Julia King, His Wife, Appellants/Cross-Appellees, v. Leslie PEARLSTEIN, M.D., and Edward White Memorial Hospital, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Second District.

January 15, 1992.

Attorney(s) appearing for the Case

Raymond T. Elligett, Jr. of Schropp, Buell & Elligett, P.A., and James F. Pingel, Jr., of Lau, Lane, Pieper & Asti, P.A., Tampa, for appellants, cross-appellees.

Charles W. Hall of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., St. Petersburg, for appellee, cross-appellant Leslie Pearlstein, M.D.

John W. Boult of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tampa, for appellee, cross-appellant Edward White Memorial Hosp.

PATTERSON, Judge.

This case presents the question of whether the filing of a petition to extend the medical malpractice statute of limitations pursuant to section 768.495(2), Florida Statutes (1987), with the clerk of the circuit court in a county which ultimately proves to be an improper venue for the subsequent medical malpractice action extends the statute. The trial court held that it did not and dismissed this action with prejudice. We disagree and reverse. The...

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