ASH v. COCONUT GROVE BANK

No. 82-1853.

443 So.2d 437 (1984)

Hyman ASH, Guardian of the Person of Aaron Ash, Incompetent, Appellant, v. COCONUT GROVE BANK, Guardian of the Property of Aaron Ash, Incompetent, and Patricia Ash, Appellees.

District Court of Appeal of Florida, Third District.

January 10, 1984.


Attorney(s) appearing for the Case

Levin & Fishman and Jack Fishman, Miami, for appellant.

Kimbrell, Hamann, Jennings, Womack, Carlson & Kniskern and Michael P. Andersen and Harold Braxton, Miami, for appellees.

Before SCHWARTZ, C.J., and NESBITT and DANIEL S. PEARSON, JJ.


NESBITT, Judge.

As the result of obstetrical malpractice, Aaron Ash was born profoundly and permanently retarded — both mentally and physically. The parents were divorced several years later and the husband was granted custody of the child. Pursuant to the terms of the property settlement agreement, the husband agreed to bear the expenses incurred in connection with raising his son. Subsequently, a lawsuit instituted on behalf of the child to recover for malpractice...

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