Summary
holding nursing home estopped from raising statute of limitations defense when it stipulated to sixty-day extension of presuit screening period
Summary of this case from Ryan v. GonzalezOpinion
No. 91-0742.
April 8, 1992. Rehearing and/or Clarification Denied May 14, 1992.
Appeal from the Circuit Court, Broward County, George A. Brescher, J.
Jean Anne Kneale and Robert S. Glazier of Hicks, Anderson Blum, P.A., Miami, for appellant.
Linda R. Spaulding of Conrad, Scherer James, Fort Lauderdale, for appellee.
The plaintiff appeals from a final summary judgment which dismissed her complaint holding that the statute of limitations barred the action. We reverse. The appellee is estopped from asserting the limitations defense because it stipulated to a sixty-day extension of the pre-suit screening period required under section 766.106, Florida Statutes (1991). To repeat Judge Schwartz's famous quote, we will not countenance such "gotcha" maneuvers. Salcedo v. Asociacion Cubana, Inc., 368 So.2d 1337 (Fla. 3d DCA), cert. denied, 378 So.2d 342 (Fla. 1979). We also reject the appellee's companion argument that its insurer had no authority to enter into the stipulation.
REVERSED.
LETTS, DELL and FARMER, JJ., concur.