Florida District Courts of Appeal, 1965

McCloud ex rel. McCloud v. Hall

McCloud ex rel. McCloud v. Hall
Florida District Courts of Appeal · Decided November 16, 1965 · Allen, Andrews, Gunter, Stephenson
180 So. 2d 509 (Southern Reporter, Second Series)

McCloud ex rel. McCloud v. Hall

Opinion of the Court

PER CURIAM.

The plaintiffs, Ronnie E. McCloud, a minor, and Marion E. McCloud, appeal an order granting summary judgment to the defendant, Charles Hall, in a medical malpractice action. The trial court granted the motion for summary judgment on the grounds that the suit was filed more than four years after the cause of action accrued.

A careful study of the record discloses that cause of action is barred by the statute of limitations; that there was no concealment of the injury, and as a result there was no genuine issue of material facts. Accordingly, as a matter of law the cause of action was barred.

Affirmed.

ALLEN, C. J., ANDREWS, J., and STEPHENSON, GUNTER, Associate Judge, concur.

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