TAYLOR v. COOKE

No. 79-2400.

388 So.2d 1082 (1980)

Maynard F. TAYLOR and Cooke & Taylor, Medical Doctors, P.A., Appellants, v. Francis N. COOKE et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 22, 1980.


Attorney(s) appearing for the Case

Jepeway & Jepeway and Louis M. Jepeway, Jr., Miami, for appellants.

George & Thompson and Charles K. George, Miami, for appellees.

Before HENDRY, SCHWARTZ and NESBITT, JJ.


PER CURIAM.

The judgment below is affirmed with the sole exception of the provisions which declared the three named plaintiffs-appellees a legally cognizable class and accordingly assessed attorney's fees against the defendant-appellant Taylor. None of the prerequisites for such a determination were present in this case. See, Frankel v. City of Miami Beach, 340 So.2d 463 (Fla. 1976); Harrell v. Hess Oil and Chemical Corp...

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