Opinion
No. 80061.
May 20, 1993.
Appeal from the Circuit Court, Brevard County, Edward M. Jackson, J.
Joseph M. Taraska and Jeanelle G. Bronson of Taraska, Grower, Unger Ketcham, P.A., Orlando, for petitioners.
Joel D. Eaton of Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin Perwin, P.A., Miami, and Wagner, Cunningham, Vaughan McLaughlin, P.A., Tampa, for respondents.
Philip D. Parrish and Robert M. Klein of Stephens, Lynn, Klein McNicholas, P.A., Miami, William Bell, Florida Hosp. Ass'n, Jacksonville, and John Thrasher, Florida Medical Ass'n, Tallahassee, amici curiae for Florida Hosp. Ass'n and Florida Medical Ass'n.
We review Norsworthy v. Holmes Regional Medical Center Inc., 598 So.2d 105 (Fla. 5th DCA 1992), because of its conflict with Tanner v. Hartog, 593 So.2d 249 (Fla. 2d DCA 1992). We have jurisdiction under article V, section 3(b)(3) of the Florida Constitution.
In Tanner v. Hartog, 618 So.2d 177 (Fla. 1993), we recently quashed a portion of the Tanner case which dealt with the issue involved in the instant case. When the interpretation we placed upon the medical malpractice statute of limitations in Tanner is applied to the facts of the instant case, it is evident that the court below correctly reversed the summary judgment entered against the Norsworthys. Therefore, we approve the result of the decision below.
It is so ordered.
BARKETT, C.J., and OVERTON, McDONALD, SHAW, KOGAN and HARDING, JJ., concur.