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POHLMAN v. MATHEWS

No. AR-398.

440 So.2d 681 (1983)

Glenn L. POHLMAN, M.D.; Vinod D. Deshmukh, M.D.; Jacksonville Neurological Clinic, P.A.; Joseph J. Lowenthal, M.D.; Lowenthal & Puestow, P.A.; Melvin Greer, M.D.; Edward Valenstein, M.D.; David Yocum, M.D.; and Florida Physicians Insurance Reciprocal, Appellants, v. John E. MATHEWS and Gwendolyn G. Mathews, His Wife, Appellees.

District Court of Appeal of Florida, First District.

November 21, 1983.

Attorney(s) appearing for the Case

John F. Corrigan and Lori E. Terens of Ulmer, Murchison, Ashby, Taylor & Corrigan, Jacksonville, for appellants Joseph J. Lowenthal, M.D., Lowenthal & Puestow, P.A. and Florida Physicians Insurance Reciprocal.

Pattillo & McKeever, Ocala, for appellants Glenn L. Pohlman, M.D., Vinod D. Deshmukh, M.D., Jacksonville Physicians Insurance Reciprocal.

R.J. Beckham of Beckham & McAliley, Jacksonville, for appellees.

JOANOS, Judge.

In this medical malpractice action, the appellants, Dr. Pohlman and others ("the physicians"), prevailed and therefore sought to recover approximately $384,684.00 in attorneys' fees from the Mathews pursuant to Section 768.56, Florida Statutes. The Mathews moved the lower court to declare Section 768.56 unconstitutional as denying equal protection of the laws, due process of law, and access to the courts in...

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