Florida District Courts of Appeal, 1978

Robinson v. Sparer

Robinson v. Sparer
Florida District Courts of Appeal · Decided December 19, 1978 · Barkdull, Hendry, Pearson
365 So. 2d 438; 1978 Fla. App. LEXIS 17143 (Southern Reporter, Second Series)

Robinson v. Sparer

Opinion of the Court

PER CURIAM.

The plaintiff, Julius P. Robinson, appeals a summary final judgment for the defendant, William Sparer, M. D., in a medical malpractice action. The complaint alleged negligence in the treatment of difficulties β€œin the general area of the nose.” The *439summary final judgment was entered on the basis of a holding that the evidentiary matters before the court upon the motion demonstrated without genuine issue of material fact that the cause of action was barred by the statute of limitations. The record demonstrates without conflict that the plaintiff was aware of, and claimed damage because of, treatment and consultation with another physician more than two years prior to the filing of the complaint.

The judgment is affirmed upon the basis of Steiner v. Ciba-Geigy Corporation, 364 So.2d 47 (Fla. 3d DCA 1978); Buck v. Mouradian, 100 So.2d 70 (Fla. 3d DCA 1958); and Section 95.11(4)(b), Florida Statutes (1977).

Affirmed.

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