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FOLTA v. BOLTON

No. 84-3219.

758 F.2d 520 (1985)

Howard FOLTA and Joanne Folta, his wife, Plaintiffs-Appellants, Cross Appellees, v. Joseph BOLTON, M.D., et al., Defendants-Appellees, and Tarpon Springs General Hospital, Inc., a Florida Corporation, Defendant-Appellee, Cross Appellant.

United States Court of Appeals, Eleventh Circuit.

March 27, 1985.

Attorney(s) appearing for the Case

Mark Hicks, Daniels & Hicks, P.A., Thomas L. Hurst, Miami, Fla., for plaintiffs-appellants, cross-appellees.

Michael L. Kinney, Tampa, Fla., for Bolton, Atkinson, Bolton & Pendergrass.

Thomas Saieva, St. Petersburg, Fla., McClain, Thompson & Walsh, Tampa, Fla., for Berje.

Jeffrey C. Fulford, G. Bruce Hill, Orlando, Fla., for defendant-appellee, cross-appellant Tarpon Springs General Hosp., Inc.

James R. Freeman, Tampa, Fla., for Florida's Patient Compensation Fund.

Before FAY and JOHNSON, Circuit Judges, and DYER, Senior Circuit Judge.

PER CURIAM:

This diversity malpractice appeal raises two important questions concerning the application of Florida's "Attorney's Fees in Medical Malpractice Actions" statute, Fla.Stat. § 768.56 (1984),1 to the situation where a plaintiff prevails on but one of five different and distinct malpractice claims brought against a particular co-defendant. Specifically, the first question concerns...

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