SIMMONS v. SCHIMMEL

No. 85-403.

476 So.2d 1342 (1985)

James E. SIMMONS, As Personal Representative of the Estate of Ella Simmons, Deceased, Appellant, v. Lawrence SCHIMMEL, M.D., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 13, 1985.


Attorney(s) appearing for the Case

High, Stack, Lazenby, Palahach & Lacasa and Robert Tilghman, Coral Gables, for appellant.

Burt E. Redlus, Miami, for appellee.

Before BARKDULL, HUBBART and NESBITT, JJ.


NESBITT, Judge.

The plaintiff appeals an order awarding attorney's fees following his voluntary dismissal of a wrongful death action against the defendant-appellee. We reverse.

A wrongful death action was filed by the plaintiff alleging medical malpractice in the care and treatment rendered by Baptist Hospital of Miami and certain other defendants, including Lawrence Schimmel, M.D., the appellee herein. After extensive discovery was had, the cause was set...

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