KAYE SCHOLER, LLP, ET AL., APPELLANTS,
v.
TRIALGRAPHIX, INC., APPELLEE

Fla. 3d DCA | 2002-04-17
No. 3D01-3472
Before SCHWARTZ, C.J., and GODERICH and FLETCHER, JJ.
813 So. 2d 292 Florida District Court of Appeal, Third District (2002) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See § 48.193(1), Fla. Stat. (2001); Nida Corp. v. Nida, 118 F. Supp. 2d 1223, 1227 (M.D.Fla.2000); Aircraft Guar. Corp. v. Strato-Lift, Inc., 974 F.Supp. 468,

472-73 (E.D.Pa.1997); Sunshine Yacht Sales, Inc. v. Bob Anslow Yacht Sales, Inc., 669 So. 2d 342, 344 (Fla. 3d DCA 1996).


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  • Jose H. Cortes, M.D. v. Williams, 850 So. 2d 634 (Fla. 1st DCA 2003)
    …the statute of limitations has run. § 766.104(2), Fla. Stat. (1999). Under the statute, once the extension is purchased, the statute of limitations becomes two years plus ninety days. See Hankey v. Yarian, 755 So. 2d 93 (Fla.2000); Burbank v. Kero, 813 So. 2d 292 (Fla. 5th DCA 2002); Rothschild v. NME Hospitals, Inc., 707 So. 2d 952 (Fla. 4th DCA 1998). With the extension purchased pursuant to section 766.104(2), the statute of limitations would have run December 29, 2001. Petitioner received the notice of i…
  • Cora Health Servs., Inc. v. Steinbronn, 867 So. 2d 587 (Fla. 5th DCA 2004)
    …g CORA was served with a pre-suit notice on January 2, 2003 and CORA received it on January 6, 2003. [*589] August 12, 2003 — The trial court denies CORA’s motion for summary judgment. The instant petition for certiorari followed. Burbank v. Kero, 813 So. 2d 292 (Fla. 5th DCA 2002), provides guidance for the calculation of time periods to determine whether Steinbronn served his notice of intent to initiate litigation for medical malpractice within the two-year time limit prescribed by section 95.11, Florida…
  • Aracely Salazar v. Abilio Coello, M.D., 154 So. 3d 430 (Fla. 3d DCA 2014)
    …at p. 19-20).8 In fact, the only cases that have addressed the difference in language between subsections 766.106(2) and (4) have determined that the tolling applies to all defendants and that multiple tolling periods may exist. In Burbank v. Kero, 813 So. 2d 292 (Fla. 5th DCA 2002) the Fifth District concluded that the two-year statute of limitations for Burbank’s claim would have expired on November 19, 1996 but under Hankey, the ninety-day extension of subsection 766.104(2) “is tacked onto the end of the…

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