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LEE v. SIMON

No. 4D03-3292.

885 So.2d 939 (2004)

Mervin LEE, as Personal Representative of the Estate of Virginia Lee, deceased, Appellant, v. David SIMON, D.O., Columbia Palms West Hospital Limited Partnership d/b/a Palms West Hospital; William Jeffrey Davis, D.O.; Emergency Physicians Enterprises, Inc.; Eddie Velazquez, M.D.; Western Communities Family Practice of West Palm Beach, a/k/a Western Communities Family Practice Associates, Inc.; Steven Sacks, D.O.; South Florida Center of Gastroenterology, P.A.; Fred L. Simon, M.D.; A Mariano Ibarrola, M.D.; Palm Beach Surgical; Steven G. Goff, M.D.; Douglas L. Watson, M.D.; Jack Zeltzer, M.D.; Mitchell N. Davis, D.O.; Matthew J. Smith, D.O.; J.M.D.; Barry Abrams, M.D.; Barry Abrams, M.D., P.A.; Larry Bush, M.D.; and Suzanne Y. Succop, M.D., Appellees.

District Court of Appeal of Florida, Fourth District.

October 27, 2004.

Attorney(s) appearing for the Case

Christian D. Searcy and Karen Terry of Searcy Denney Scarola Barnhart & Shipley, P.A., and Edna L. Caruso of Edna L. Caruso, P.A., West Palm Beach, for appellant.

Douglas M. McIntosh, Louise H. McMurray and Robert C. Weill of McIntosh, Sawran, Peltz, Cartaya & Petruccelli, P.A., Miami, for appellee David Simon, D.O.

WARNER, J.

Mervin Lee, as personal representative of the Estate of Virginia Lee, appeals the trial court's summary final judgment dismissing his medical malpractice claim against Dr. David Simon on the grounds that the statute of limitations had expired before Lee sued Simon. Lee contended that he was unable to discover the identity of Dr. Simon through the use of due diligence, and that the issue of due diligence is a question of fact for the jury. We hold that the...

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