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PERRY v. SCHLUMBRECHT

Nos. 98-00095, 98-01243.

724 So.2d 1239 (1999)

Gina Frances PERRY, as personal representative of the Estate of Guy C. Perry, Appellant, v. Linda Ann SCHLUMBRECHT, M.D., Appellee. Gina Frances Perry, as personal representative of the Estate of Guy C. Perry, Appellant, v. Quik Care of Florida, Inc., Appellee.

District Court of Appeal of Florida, Second District.

January 22, 1999.

Attorney(s) appearing for the Case

Curtis S. Fallgatter of Fallgatter & Kelly, P.A., Jacksonville, for Appellant.

Claudia Rosenkoetter and Ross L. Fogleman, III, of Fogleman & Rosenkoetter, P.A., Sarasota, for Appellee Schlumbrecht.

David C. Banker and Michael P. Winter of Shackleford, Farrior, Stallings & Evans, P.A., Tampa, for Appellee Quik Care.

BLUE, Judge.

Gina Frances Perry, as personal representative of the estate of Guy C. Perry, appeals the trial court's orders dismissing with prejudice her complaint against Quik Care of Florida, Inc., and Linda Ann Schlumbrecht, M.D. The trial court determined that the complaint stated claims based on wrongful death, rather than medical malpractice, and accordingly dismissed the complaint as time-barred by the statute of limitations. As to Quik Care, we reverse; as...

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