LOUIS v. SOUTH BROWARD HOSPITAL DIST.

No. 76-414.

353 So.2d 562 (1977)

Roscell LOUIS, As Legal Representative of the Estate of Mattie Louis, and Roscell Louis, Individually, and Roscell Louis, As Next Friend of Donna Louis and Debra Louis, Appellants, v. SOUTH BROWARD HOSPITAL DISTRICT f/a/o/b/o Memorial Hospital, City of Hollywood, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 20, 1978.


Attorney(s) appearing for the Case

Harold C. Culmer, Miami, for appellants.

Paul R. Regensdorf of Fleming, O'Bryan & Fleming, Fort Lauderdale, for appellee-Hospital.


BERANEK, JOHN R., Associate Judge.

Plaintiffs/appellants filed suit two days before the applicable statute of limitations ran. Pursuant to Fla.R.Civ.P. 1.050, the action against appellee was therefore "commenced" and the statute of limitations was tolled. Clearly, however, the limitations statute was only tolled as to the particular defendant named in the original complaint. Plaintiffs did not attempt service of process for approximately eight months. The defendant...

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