Kagan v. Pollock

POLEN, Judge.

Frances and Murray Kagan appeal the lower court’s order granting a final summary judgment on the grounds that the statute of limitations in a medical malpractice action had expired. We reverse, as the Kagans were granted an extension of the statute of limitations pursuant to section 766.104(2), Florida Statutes (1991).

On May 1, 1991, Frances and Murray Ka-gan sent a notice of intent to initiate litigation for medical malpractice to various potential defendants. A notice of intent was not mailed to the appellee, Dr. Irvin Besman, at this time. On May 3,1991, the Kagans filed and…