Jason Azzarone was successful in arguing to the Second District Court of Appeal
Jason Azzarone was successful in arguing to the Second District Court of Appeal that the Trial Court did not err in dismissing the Plaintiff’s complaint in Bove v. Naples HMA, LLC; E.William Akin, M.D., ; and Jay Wang, M.D., — So.3d —-2016 WL 1273260 (Fla. 2d DCA 2016). In its written opinion affirming the Trial Court’s decision, the Second District Court of Appeal held that the Plaintiff’s “complaint was untimely because she did not file it within two years of when she became aware of the possibility that medical negligence occurred.” Agreeing with Mr. Azzarone’s argument, the Second District Court of Appeal opined that the Plaintiff was bound by a statement contained in the notice of intent letter which acknowledged the date the Plaintiff became aware of the alleged malpractice. The Second District Court of Appeal also agreed with Mr. Azzarone’s argument that the Plaintiff failed to timely send the notices of intent to the physicians. In doing so, the Court agreed that the filing of a petition for extension of the limitations period did not revive the statute of limitations after its expiration.