COHEN v. COOPER

No. 4D07-4056.

20 So.3d 453 (2009)

Rose COHEN, Appellant, v. Robert N. COOPER, M.D., and Robert N. Cooper, M.D., P.A., Appellees.

District Court of Appeal of Florida, Fourth District.

October 28, 2009.


Attorney(s) appearing for the Case

Robin Bresky of Law Offices of Robin Bresky, Boca Raton, for appellant.

Roberta G. Mandel of Stephens, Lynn, Klein, Lacava, & Puya, P.A., Miami, for appellees.


LEVINE, J.

The issue presented in this case is whether the trial court erred in granting summary judgment based on the determination that the appellant's medical malpractice claim was time-barred by the statute of limitations. We find the trial court erred and should have allowed a jury to determine the timeliness of the appellant's claim.

On November 14, 1997, appellee Cooper performed a facelift and eyelid surgery on appellant Cohen. After the surgery, Cohen...

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