Florida District Courts of Appeal, 1988

Deyoung v. Bierfeld

Deyoung v. Bierfeld
Florida District Courts of Appeal · Decided November 22, 1988 · Jorgenson, Nesbitt, Schwartz
533 So. 2d 933; 13 Fla. L. Weekly 2579; 1988 Fla. App. LEXIS 5140; 1988 WL 123802 (Southern Reporter, Second Series)

Deyoung v. Bierfeld

Opinion of the Court

PER CURIAM.

We reverse the summary final judgment in favor of the defendants in a medical malpractice action as barred by limitations *934because claimant’s former attorney’s affidavit created disputed questions of fact which should have been resolved in an evi-dentiary hearing as to whether claimant unreasonably failed to comply with formal discovery as required by sections 768.-57(3)(a) and 768.57(6), Florida Statutes (1985). See Pinellas Emergency Mental Health Serv., Inc. v. Richardson, 532 So. 2d 60 (Fla. 2d DCA 1988).

Reversed.

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