BARBARA JASZAY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF BORBALA BATU, APPELLANT,
v.
H.B. CORPORATION, A FLORIDA CORPORATION, D/B/A BROWARD CONVALESCENT CENTER, APPELLEE
PER CURIAM.
The plaintiff appeals from a final summary judgment which dismissed her complaint holding that the statute of limitations barred the action. We reverse. The appellee is estopped from asserting the limitations defense because it stipulated to a sixty-day extension of the pre-suit screening period required under section 766.106, Florida Statutes (1991). To repeat Judge Schwartz’s famous quote, we will not countenance such “gotcha” maneuvers. Salcedo v. Asociacion Cubana, Inc., 368 So. 2d 1337 (Fla. 3d DCA), cert. denied, 378 So. 2d 342 (Fla.1979). We also reject the appel-lee’s companion argument that its insurer had no authority to enter into the stipulation.
REVERSED.
LETTS, DELL and FARMER, JJ., concur.
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Major League Baseball v. Morsani, 790 So. 2d 1071 (Fla. 2001)…1st DCA 1992) ("A party will be estopped from asserting the statute of limitations defense to an admittedly untimely action where his conduct has induced another into forbearing suit within the applicable limitations period."); Jaszay v. H.B. Corp., 598 So. 2d 112, 113 (Fla. 4th DCA 1992) ("The appellee is estopped from asserting the limitations defense because it stipulated to the sixty-day extension of the pre-suit [*1079] screening period.”); Glantzis v. State Automobile Mutual Ins. Co., 573 So. 2d 1049, 1…
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Fla. Dep't of Health & Rehabilitative Servs. v. S.A.P., 835 So. 2d 1091 (Fla. 2002)…1st DCA 1992) ("A party will be estopped from asserting the statute of limitations defense to an admittedly untimely action where his conduct has induced another into forbearing suit within the applicable limitations period.”); Jaszay v. H.B. Corp., 598 So. 2d 112, 113 (Fla. 4th DCA 1992) (“The appellee is estopped from asserting the limitations defense because it stipulated to a sixty-day extension of the pre-suit screening period....”); Glantzis v. State Auto. Mut. Ins. Co., 573 So. 2d 1049, 1050 (Fla. 4th…
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- Salcedo v. Asociacion Cubana, Inc., 368 So. 2d 1337 (Fla. 3d DCA 1979)