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MOTTA EX REL. A.M. v. U.S.

No. 12-14338 Non-Argument Calendar.

717 F.3d 840 (2013)

Niny J. MOTTA, on behalf of and as mother and natural guardian of A.M., a minor, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 24, 2013.

Attorney(s) appearing for the Case

Terrence Edward Kehoe , Law Offices of Terrence E. Kehoe, Eric Harold Faddis , Tiffany M. Faddis , Faddis & Faddis, PA, Orlando, FL, Scot Daniel Warner , Warner and Warner, PL, Casselberry, FL, for Plaintiff-Appellant.

Todd B. Grandy , Robert E. O'Neill , U.S. Attys., Tampa, FL, Edward Himmelfarb , U.S. Atty., Washington, DC, Ralph E. Hopkins , U.S. Atty., Orlando, FL, for Defendant-Appellee.

Before DUBINA, Chief Judge, and TJOFLAT and MARTIN, Circuit Judges.

DUBINA, Chief Judge:

This case presents a question under the Federal Tort Claims Act ("FTCA"). Appellant, Niny J. Motta ("Motta"), failed to present a medical malpractice claim on behalf of her son, A.M., to the Department of Health and Human Services ("DHHS") until after the FTCA's two-year statute of limitations expired. The district court dismissed the case for lack of subject matter jurisdiction. For the reasons that follow, we affirm the district court's judgment...

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