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BERISFORD v. JACK ECKERD CORP.

No. 94-1895.

667 So.2d 809 (1995)

Jerry L. BERISFORD, as personal representative of and duly appointed Administrator of the Estate of Sandra L. Berisford, Appellant, v. JACK ECKERD CORPORATION, a Delaware corporation; Irving M. Bratt, M.D., P.A., a Florida professional association, and Irving M. Bratt, M.D., individually. Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing, Rehearing, and Certification Denied February 29, 1996.

Attorney(s) appearing for the Case

Ben J. Weaver of Weaver, Weaver & Lipton, P.C., Fort Lauderdale, Gregory A. Gellner of Artimez & Gellner Law Offices, Wheeling, W. Virginia, and Landers P. Bonenberger and R. Gregory McDermott of McDermott, Bonenberger, McDermott & Gallaway, Wheeling, W. Virginia, for Appellant.

Gary M. Farmer, Jr. of Bunnell, Woulfe & Keller, P.A., Fort Lauderdale, for Appellee-Jack Eckerd Corporation.

Rehearing, Rehearing En Banc, and Certification Denied February 29, 1996.

PARIENTE, Judge.

The trial court granted final summary judgment in favor of appellee, Jack Eckerd Corporation (the pharmacy), on grounds that appellant's (plaintiff) claim that the pharmacy negligently filled prescriptions was time-barred by the statute of limitations. We reverse because there were issues of material fact as to whether an act...

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