Lee v. Simon, 885 So. 2d 939 (Fla. 4th DCA 2004).

In this medical malpractice case which examined when the medical malpractice statute of limitations begins to run, the appellate court agreed a defendant doctor was entitled to summary judgment because the statute of limitations began to run when the decedent died, even though the estate's representative failed to discover the exact identity of the doctor who gave the order to admit the decedent to the hospital. To be more precise, the plaintiff's attorneys assumed that the reference to a Dr. Simon in the medical records referred to a Dr. Fred Simon when in fact it referred to a Dr. David Simon who was never served with a notice of intent.