Opinion
1D20-3593
07-20-2022
Joseph L. Webster, Sr., M.D., MBA, FACP, Appellant, v. Tallahassee Memorial Healthcare, Inc., d/b/a Tallahassee Memorial Hospital, Appellee.
Joseph L. Webster, Sr., pro se, Appellant. Brandice D. Dickson and Michael J. Thomas of Pennington, P.A., Tallahassee, for Appellee.
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
On appeal from the Circuit Court for Leon County. John C. Cooper, Judge.
Joseph L. Webster, Sr., pro se, Appellant.
Brandice D. Dickson and Michael J. Thomas of Pennington, P.A., Tallahassee, for Appellee.
LONG, J.
Dr. Joseph Webster appeals the grant of a motion for summary judgment in favor of Tallahassee Memorial Hospital (TMH). The lower court granted the motion for summary judgment because Webster's claim was barred by the statute of limitations, laches, and waiver.
Webster argues many issues, but the only issue properly on appeal is his claim for breach of contract. The lower court determined that the breach occurred in 2012. Webster contends that TMH had been in breach since 1980. But Webster did not file his breach of contract action until 2018. The dispute is of little consequence because the five-year statute of limitations barred Webster's claim under either date. § 95.11(2)(b), Fla. Stat. (2015). Because there is no genuine issue of material fact on this dispositive issue, the lower court properly granted summary judgment in favor of TMH.
We grant TMH's motion for attorneys' fees and remand to the trial court for the determination of a reasonable amount.
Affirmed.
Makar and Winokur, JJ., concur.