Opinion
Nos. 76-1627, 76-1628.
August 12, 1977. Rehearing Denied October 19, 1977.
Appeal from the Circuit Court, Orange County, Frederick Pfeiffer, J.
Dan H. Honeywell and Thomas W. Gibson of Billings, Frederick, Wooten Honeywell, P.A., Orlando, for appellants.
Harry K. Anderson, Jr. and John A. Leklem of D'Aiuto, Anderson Walker, Orlando, for appellee-Winter Park Memorial Hospital.
J. Richard Caldwell, Jr. of Pitts, Eubanks, Ross Rumberger, Orlando, for appellees Rozier and Shelby Mutual Ins. Co.
Upon due consideration of the briefs and record on appeal we are of the opinion that the cause of action giving rise to the entry of a summary judgment in favor of the defendants-appellees accrued prior to July 1, 1972, the effective date of the two-year statute of limitations (Section 95.11(6), Florida Statutes (1973)) governing malpractice actions. See Foley v. Morris, 339 So.2d 215 (Fla. 1976); Reinhardt v. Schwab, 343 So.2d 837 (Fla. 1977). The plaintiffs-appellants' cause of action was governed by the four-year statute of limitations, (Section 95.11(4), Florida Statutes (1973)) which was effective until July 1, 1972. Foley v. Morris, supra.
A review of the record reflects that the issue of the applicable statute of limitations was before the trial court, as reflected by the pleadings filed by the parties. (See transcript pp. 112, 133).
Accordingly, summary final judgment is reversed and the cause remanded for further proceedings consistent herewith.
Since the reversal was predicated upon the applicability of the then existing four-year statute of limitations, it is unnecessary for the court to reach any of the other points presented by the parties in this appeal.
MAGER and LETTS, JJ., and MOUNTS, MARVIN U., Jr., Associate Judge, concur.