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STAPLES v. DUERR

No. 1D11-2725.

76 So.3d 1114 (2011)

Thomas C. STAPLES, attorney of record for Plaintiffs, Patricia Long and Robert Long, Appellant, v. Ann E. DUERR, M.D. and Panhandle Anesthesiology Associates, P.A.; a Florida professional association, Appellees.

District Court of Appeal of Florida, First District.

December 30, 2011.

Attorney(s) appearing for the Case

Meagan Shell Ivey and Charles F. Beall, Jr , of Moore, Hill & Westmoreland, P.A., Pensacola, for Appellant.

J. Nixon Daniel, III , and Terrie L. Didier , of Beggs & Lane, Pensacola, for Appellees.

HAWKES, J.

This appeal concerns an award of attorney's fees against Thomas C. Staples under section 766.206(2), Florida Statutes (2007). The trial court used section 766.206(2) to award fees for pre-suit costs spent investigating the legitimacy of a medical malpractice claim, as well as for post-suit costs spent litigating entitlement to fees.1 Staples is challenging that portion of the order awarding post-suit costs, arguing section 766...

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