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Darden v. Beverly Health & Rehab. Servs.

763 So. 2d 542 (Fla. 5th DCA 2000) The trial court dismissed a third amended complaint filed in a wrongful death action on the basis that the applicable statute of limitations had run prior to the filing of the complaint. We represented the estate on appeal, and were successful in reversing the decision and having…

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Ligouri v. Beverly Enterprises

762 So. 2d 1039 (Fla. 5th DCA 2000) In this wrongful death case arising out of nursing home’s negligence, the trial court dismissed our client’s complaint with prejudice after his prior trial counsel had numerous unsuccessful attempts to amend. Recognizing that trial courts are afforded broad discretion in dismissing complaint with prejudice after numerous attempts…