RONNIE E. MCCLOUD, A MINOR, BY MARION E. MCCLOUD AS HIS NEXT FRIEND, AND MARION E. MCCLOUD, INDIVIDUALLY, APPELLANTS,
v.
CHARLES HALL, APPELLEE
RONNIE E. MCCLOUD, A MINOR, BY MARION E. MCCLOUD AS HIS NEXT FRIEND, AND MARION E. MCCLOUD, INDIVIDUALLY, APPELLANTS,
CHARLES HALL, APPELLEE
180 So. 2d 509
Florida District Court of Appeal, Second District (1965)
Positive Treatment
Cited by 2 cases
Opinion of the Court
The plaintiffs, Ronnie E. McCloud, a minor, and Marion E. McCloud, appeal an order granting summary judgment to the defendant, Charles Hall, in a medical malpractice action. The trial court granted the motion for summary judgment on the grounds that the suit was filed more than four years after the cause of action accrued.
A careful study of the record discloses that cause of action is barred by the statute of limitations; that there was no concealment of the injury, and as a result there was no genuine issue of material facts. Accordingly, as a matter of law the cause of action was barred.
Affirmed.
ALLEN, C. J., ANDREWS, J., and STEPHENSON, GUNTER, Associate Judge, concur.
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Moore v. Chester Morris, M.D., 429 So. 2d 1209 (Fla. 3d DCA 1983)…limitations. Nardone v. Reynolds, 333 So. 2d 25 (Fla.1976); Robinson v. Sparer, 365 So. 2d 438 (Fla. 3d DCA 1978); MacMurray v. Board of Regents, 362 So. 2d 969 (Fla. 1st DCA 1978); Hill v. Virgin, 359 So. 2d 918 (Fla. 3d DCA 1978); McCloud v. Hall, 180 So. 2d 509 (Fla. 2nd DCA 1965); Buck v. Mouradian, 100 So. 2d 70 (Fla. 3d DCA 1958). The final summary judgment under review is affirmed. Affirmed. . The infant was born on July 9, 1973. The instant action was not filed until April 25, 1978 (after a medical…