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GARAY v. COLONY SPRINGS MEDICAL CENTER

No. 98-2118.

731 So.2d 849 (1999)

Elisa GARAY, Appellant, v. COLONY SPRINGS MEDICAL CENTER, INC., Appellee.

District Court of Appeal of Florida, Third District.

May 12, 1999.

Attorney(s) appearing for the Case

Simon & Dondero and Steven R. Simon, Miami, and Ramona Tolley, Orlando, for appellant.

Billing, Cochran, Heath, Lyles & Mauro, Thomas C. Heath and Hal B. Anderson, Fort Lauderdale, for appellee.

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

PER CURIAM.

Elisa Garay, plaintiff below, appeals the trial court's order granting summary judgment for defendant Colony Springs Medical Center in this medical malpractice action. We find that Garay's notice to the attorney representing Colony Springs, within the limitations period, was adequate pre-suit notice under section 766.106, Florida Statutes (1995). Attorney Heath's claim, after the limitations period had run, that he was not authorized to receive service...

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