WILLIAM A. HUMBER AND DOROTHY HUMBER, HIS WIFE, APPELLANTS,
v.
THOMAS ROSS, M.D., ETC., ET AL., APPELLEES
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DAUKSCH, JAMES C., Jr., Associate Judge.
This matter is before us for review of an order dismissing a medical malpractice case. The complaint alleged a physician and a hospital injured a patient by failing to properly care for him. After the suit was instituted the plaintiff amended the complaint to include the Florida Patient’s Compensation Fund in order to obtain from the Fund a portion of the damages sought for the injuries.
In its motion to dismiss, the Fund told the court the action was barred by the applicable statute of limitations. The court agreed and entered the order. This was error because the complaint does not show on the face of it that the statute had run and it is to the complaint only that the court can look when considering a motion to dismiss the complaint. Estate of James v. Martin Memorial Hospital, 422 So. 2d 1043 (Fla. 4th DCA 1982); and Government Employees Insurance Co. v. Wheelus, 319 So. 2d 181 (Fla. 4th DCA 1975).
The order is reversed and this cause remanded for further proceedings.
REVERSED AND REMANDED.
DOWNEY, J., and PURDY, H. MARK, Associate Judge, concur.
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Wilfranc Eugene and Marie L. Eugene v. Prestcon, Inc., 528 So. 2d 1218 (Fla. 4th DCA 1988)…a Nat. Bank, 432 So. 2d 183 (Fla. 1st DCA 1983); Moncha v. Burger King Corp., 450 So. 2d 335 (Fla. 5th DCA 1984); East Naples Water Systems, Inc. v. Board of County Commissioners of Collier County, 457 So. 2d 1057 (Fla. 2d DCA 1984); Humber v. Ross, 452 So. 2d 1086 (Fla. 4th DCA 1984). Accordingly, the order appealed is reversed and the cause remanded for further proceedings in accord with this opinion. Reversed and Remanded. HERSEY, C.J., and DELL and WALDEN, JJ., concur.…
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Isabelle Dominguez v. Fla. Patient's Comp. Fund, 494 So. 2d 296 (Fla. 3d DCA 1986)…we reverse the trial court’s Final Judgment of Dismissal with Prejudice as to appellee and remand the cause for further proceedings. See Phelan v. Hanft, 471 So. 2d 648 (Fla. 3d DCA 1985), appeal dismissed, 488 So. 2d 531 (Fla.1986); Humber v. Ross, 452 So. 2d 1086 (Fla. 4th DCA 1984). Reversed and remanded.…
Authorities Cited
- Douglas v. State, 319 So. 2d 181 (Fla. 1st DCA 1975)
- The Est. OF James James v. Martin Mem'l Hosp., 422 So. 2d 1043 (Fla. 4th DCA 1982)