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Cohen v. West Boca Medical Center9/17/2003
Kukral, 679 So. 2d at 283; Hospital Corp. of America v. Lindberg, 571 So. 2d 446 (Fla. 1990).
In the present case, the alleged malpractice and resulting death occurred in February 1999. In January 2001, plaintiff's counsel filed for the automatic ninety day extension of the two year statute of limitations in order to conduct presuit investigation. When plaintiff furnished the statutorily required information, the statute of limitations had run.
We therefore conclude that, because there was no reasonable explanation for plaintiff's failure to comply with the presuit requirements, dismissal was proper. Tapia-Ruano v. Alvarez, 765 So. 2d 942 (Fla. 3d DCA 2000)(affirming dismissal where statute of limitations had run and plaintiff provided no reason for failure to comply with the presuit requirements); Royle v. Florida Hospital - East Orlando, 679 So. 2d 1209 (Fla. 5th DCA 1996)(same).
Affirmed.
GUNTHER and TAYLOR, JJ., concur.
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