TINDALL v. MILLER

No. 83-2229.

463 So.2d 1262 (1985)

Carolyn J. TINDALL and Robert N. Tindall, Husband and Wife, Appellants, v. James E. MILLER, M.D., Douglas G. Nuelle, M.D., Stanley H. Axelrod, M.D., Medical Center Hospital and Florida Patients Compensation Fund, Appellees.

District Court of Appeal of Florida, Second District.

As Amended on Denial of Rehearing February 27, 1985.


Attorney(s) appearing for the Case

Kurt J. Bomar of Martin, Stinnett & Graves, Chartered, Sarasota, for appellants.

Steven J. Chase of Drymon, Bennett & Chase, P.A., Sarasota, for appellee James E. Miller, M.D.


RYDER, Chief Judge.

Carolyn and Robert Tindall, unsuccessful plaintiffs in a medical malpractice action, appeal an award of attorney's fees pursuant to section 768.56, Florida Statutes (1981). We reverse.

Section 768.56 provides for the award of a reasonable attorney's fee to the prevailing party in medical malpractice actions.1 After a jury verdict in favor of the estate of the defendant...

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