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FLA. PATIENT'S COMPENSATION FUND v. BLACK

No. 83-2598.

460 So.2d 381 (1984)

FLORIDA PATIENT'S COMPENSATION FUND, Appellant, v. June BLACK and Randy Black, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 3, 1984.

Attorney(s) appearing for the Case

Judith W. Simmons of Jacobs, Robbins, Gaynor, Burton, Hampp, Burns, Cole & Shasteen, P.A., Tampa, for appellant.

V. James Facciolo of Searcy & Facciolo, P.A., Jacksonville, for appellees.

LEHAN, Judge.

We affirm the trial court's denial of the Florida Patient's Compensation Fund's motion for attorney's fees under section 768.56, Florida Statutes (1981). We agree with the trial court that the Fund was not the "prevailing party" in this litigation within the intended scope of section 768.56.

The jury in this medical malpractice trial against plaintiff's doctor and the Fund returned a verdict in the total sum of $27,000 which was below the threshold...

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