JOHN M. ROBERTS, A MINOR, BY AND THROUGH HIS MOTHER AND NATURAL GUARDIAN, RHONDA Y. DRUSKO, AND RHONDA Y. DRUSKO, INDIVIDUALLY, APPELLANTS,
v.
THOMAS J. ABRUNZO, M.D. AND METROPOLITAN GENERAL HOSPITAL, INC., A FLORIDA CORPORATION, APPELLEES

Fla. 2d DCA | 1992-08-28
Nos. 91-01376, 91-02014
SCHOONOVER, A.C.J., and PATTERSON, J., concur.
604 So. 2d 564 Florida District Court of Appeal, Second District (1992) Positive Treatment
Cited by 1 case
Topics
Medical Malpractice Abuse Of Discretion (Standard Of Review) Abuse Of Discretion Standard Of Review

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Opinion of the Court
BLUE, Judge.

BLUE, Judge.

John M. Roberts, a minor, and his mother Rhonda Y. Drusko (collectively referred to as Roberts), appeal the summary judgment and the cost judgment entered against them in favor of Metropolitan General Hospital, Inc. in this medical malpractice case. The eodefendant, Thomas J. Abrunzo, M.D., is not a party to this appeal.

Roberts contends the court should have allowed the late-filing of an affidavit of a medical expert to supplement a previous and timely filed affidavit of another medical expert. The trial court may permit affidavits to be supplemented by further affidavits pursuant to Florida Rule of Civil Procedure 1.510(e). See Stephens v. Dichtenmueller, 216 So. 2d 448 (Fla.1968). Under the particular facts of this case we hold the court abused its discretion in refusing to permit the filing of the supplemental affidavit. We reverse and remand to allow the filing of the supplemental affidavit and to reconsider the summary judgment and final judgment for costs.

Reversed and remanded.

SCHOONOVER, A.C.J., and PATTERSON, J., concur.

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  • State of Fla. Dep't OF Revenue v. Fackler, 843 So. 2d 994 (Fla. 1st DCA 2003)
    …Rules of Civil Procedure and case law permit a trial court, in its discretion, to accept affidavits to supplement other affidavits, even if the supplemental affidavits are late. See Fla. R. Civ. P. 1.510(e); Roberts by and through Drusko v. Abrunzo, 604 So. 2d 564 (Fla. 2d DCA 1992). Trial courts need not accept supplemental affidavits that conflict with earlier-filed affidavits from the same party. See International Cmty. Corp.Tampa v. Davis Water and Waste Indus., Inc., 455 So. 2d 1164, 1166 (Fla. 2d DCA 19…

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