Ghaleb v. Leibell

District Court of Appeal of Florida

Ghaleb v. Leibell

600 So. 2d 1251, 1992 Fla. App. LEXIS 6849, 1992 WL 131850

CourtDistrict Court of Appeal of Florida

DecidedJune 16, 1992

DocketNo. 91-2034

StatusPublished

This text of 600 So. 2d 1251 (Ghaleb v. Leibell) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ghaleb v. Leibell, 600 So. 2d 1251, 1992 Fla. App. LEXIS 6849, 1992 WL 131850 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

We reverse the order dismissing a complaint as time barred. A failure to attach a copy of the contract to the complaint did not require a dismissal. Parkway Gen. Hosp., Inc. v. Allstate Ins. Co., 393 So.2d 1171 (Fla. 3d DCA 1981). When the physician did file a copy of the contract as an attachment to the complaint, with leave of court, the pleading defect was cured. Hitt v. North Broward Hosp. Dist., 387 So.2d 482 (Fla. 4th DCA 1980). A written agreement of the parents, in an authorization for services, to be financially responsible to a health-care provider for any medical charges rendered to their children is a written contract governed by section 95.11(2)(b), Florida Statutes (1991), the five-year limitation period. Variety Children’s Hosp., Inc. v. Vigliotti, 385 So.2d 1052 (Fla. 3d DCA 1980); Mercy Hosp., Inc. v. Carr, 297 So.2d 598 (Fla. 3d DCA), cert. denied, 307 So.2d 448 (Fla.1974). Because the 1991 suit was filed well within five years from the last date of medical services rendered pursuant to the 1986 contract, it was not barred.

Reversed and remanded.

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PER CURIAM.

We reverse the order dismissing a complaint as time barred. A failure to attach a copy of the contract to the complaint did not require a dismissal. Parkway Gen. Hosp., Inc. v. Allstate Ins. Co., 393 So.2d 1171 (Fla. 3d DCA 1981). When the physician did file a copy of the contract as an attachment to the complaint, with leave of court, the pleading defect was cured. Hitt v. North Broward Hosp. Dist., 387 So.2d 482 (Fla. 4th DCA 1980). A written agreement of the parents, in an authorization for services, to be financially responsible to a health-care provider for any medical charges rendered to their children is a written contract governed by section 95.11(2)(b), Florida Statutes (1991), the five-year limitation period. Variety Children’s Hosp., Inc. v. Vigliotti, 385 So.2d 1052 (Fla. 3d DCA 1980); Mercy Hosp., Inc. v. Carr, 297 So.2d 598 (Fla. 3d DCA), cert. denied, 307 So.2d 448 (Fla.1974). Because the 1991 suit was filed well within five years from the last date of medical services rendered pursuant to the 1986 contract, it was not barred.

Reversed and remanded.

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Bluebook (online)

600 So. 2d 1251, 1992 Fla. App. LEXIS 6849, 1992 WL 131850, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ghaleb-v-leibell-fladistctapp-1992.

Opinion

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