Wendy Byers, M.D., brings this interlocutory appeal from the trial court‟s order on summary judgment denying her motion for a preliminary determination of law against the claims of Linda Jean Quillen. Byers raises a single issue for our review, namely, whether Quillen timely filed her medical malpractice action against Byers.
Conclusion (slip op. at 8): We conclude that there is no genuine issue of material fact, that the last possible date on which Byers could have rendered a diagnosis was March 29, 2004, that Quillen’s condition was not latent, and that the applicable two-year statute of limitations ran on March 29, 2006. Quillen did not file her claim against Byers until June 22, 2006. Thus, the trial court erred when it denied Byers’ request for summary judgment based upon the statute of limitations. Reversed.