Opinion
Nos. 64887, 64898 and 65004.
February 21, 1985.
Three Consolidated Applications for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions; Third District — Case Nos. 81-2263 and 82-50.
John Edward Herndon, Jr. of Thornton Herndon, Miami, for Alan M. Wagshul, et al.
Law Office of Millard C. Glancy, Hollywood, and Jeanne Heyward, Miami, for Robert F. Cullen, et al.
Robert M. Klein of Stephens, Lynn, Chernay Klein, Miami, for Dade County Public Health Trust, etc., et al.
Sams, Gerstein, Ward, Newman Beckham, Miami, and Nancy Little Hoffmann of Hoffmann Burris, Ft. Lauderdale, for respondents.
Larry Klein, West Palm Beach, amicus curiae for The Academy of Florida Trial Lawyers.
The decision of the district court of appeal, 442 So.2d 992, affirming the trial court's dismissal of the medical malpractice survival action as barred by the applicable statute of limitations, section 95.11(4)(b), Florida Statutes (1979), is approved.
The decision of the district court reversing the trial court's dismissal of the wrongful death action is quashed on authority of Ash v. Stella, 457 So.2d 1377 (Fla. 1984), and the order of the trial court is reinstated.
It is so ordered.
BOYD, C.J., and ADKINS, OVERTON, ALDERMAN, McDONALD, EHRLICH and SHAW, JJ., concur.