RODRIGUEZ v. SAENZ

No. 5D03-1902.

866 So.2d 184 (2004)

Delia RODRIGUEZ and Frank Rodriguez, Appellants, v. Carlos B. SAENZ, M.D., and Florida Heart Group, Appellees.

District Court of Appeal of Florida, Fifth District.

February 20, 2004.


Attorney(s) appearing for the Case

Gregorio A. Francis of Morgan, Colling & Gilbert, P.A., Orlando, for Appellants.

Martin B. Unger and Ernest J. Myers of Unger, Acree, Weinstein, Marcus, Merrill, Kast & Metz, P.L., Orlando, for Appellees.


MONACO, J.

This appeal from a final summary judgment in favor of the defendants below causes us to examine an issue regarding the commencement of the statute of limitations period for medical malpractice actions brought pursuant to Chapter 766, Florida Statutes. Because we conclude that the date of the commencement of the statute of limitations is, under the facts of this case, an issue of fact that should be left to the consideration of a jury, we reverse.

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