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STEBILLA v. MUSSALLEM

No. 91-381.

595 So.2d 136 (1992)

Stephen STEBILLA and Lynda Stebilla, etc., Appellants, v. Anthony J. MUSSALLEM, M.D., etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 25, 1992.

Attorney(s) appearing for the Case

W.M. Chanfrau, Daytona Beach, James T. Terrell of Brown, Terrell, Hogan, Ellis, McClamma and Yegelwel, P.A., Jacksonville, and Edna L. Caruso, P.A., West Palm Beach, for appellants.

Kim E. Bouck of Smith, Schoder, Rouse & Bouck, P.A., Daytona Beach, for appellees Anthony J. Mussallem, M.D., Anthony J. Mussallem, M.D., P.A., d/b/a Physicians Alternate Birthing Home, and Lynda Smith, ARBP, CNM.

Charles Cook Howell, III, Michael S. O'Neal and Marcia Maria Morales of Foley & Lardner, Jacksonville, for appellee Angeliti Capili, M.D.

COBB, Judge.

The issue posed by this appeal is whether a medical malpractice complaint based upon a claim which accrued in April, 1988, must be dismissed, as a matter of law, if the corroborating expert opinion required by Chapter 88-1, Section 50, Laws of Florida, effective February 8, 1988,1 was not furnished to the defendants prior to the expiration of the two year statute of limitations in...

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