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TODD v. JOHNSON

No. 1D06-6135.

965 So.2d 255 (2007)

John TODD and Katina Todd, his wife, Appellants, v. Marvin JOHNSON, M.D., Appellee.

District Court of Appeal of Florida, First District.

September 14, 2007.

Attorney(s) appearing for the Case

Steve A. Rothenburg, Ocala and Jeffrey L. Meldon of Jeffrey Meldon & Associates, P.A., Gainesville, for Appellants.

Marynelle Hardee, Gainesville, D. Andrew Vloedman, Gainesville, and John E. Maines, IV, Lake Butler, for Appellee.

BENTON, J.

John and Katina Todd appeal the final judgment dismissing their second amended complaint, which alleges medical malpractice on the part of Marvin Johnson, M.D. The trial court granted Dr. Johnson's motion to dismiss the complaint on grounds the complaint was time barred, because it failed "to allege facts constituting fraud, concealment or intentional misrepresentation which prevented the Plaintiff[s] from discovering injury which would extend the statute...

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