Deyoung v. Bierfeld

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

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.

Reference

Full Case Name
Patricia C. DEYOUNG, as Personal Representative of the Estate of William G. Deyoung v. James L. BIERFELD, M.D. and James L. Bierfeld, M.D., P.A.
Cited By
1 case
Status
Published