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BARABAS v. ROJAS

No. 84-2430.

481 So.2d 1004 (1986)

Margaret BARABAS and Paul Barabas, Appellants, v. Alirio ROJAS, M.D., and Alirio Rojas, M.D., P.A., Appellees.

District Court of Appeal of Florida, Fourth District.

January 29, 1986.

Attorney(s) appearing for the Case

Sheldon J. Schlesinger, P.A., Ft. Lauderdale, and Joel D. Eaton of Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin, P.A., Miami, for appellants.

Carey L. Ewing of Barwich & Dillian, P.A., Miami Shores, for appellees.

PER CURIAM.

Having reversed the judgment in Case No. 84-857 in favor of the appellees, Alirio Rojas, M.D., and Alirio Rojas, M.D., P.A., and remanded for a new trial on the merits, it follows that attorney's fees awarded to appellees as prevailing parties in a malpractice action under Section 768.56, Florida Statutes (1983), must also be reversed.

Reversed.

DOWNEY and WALDEN, JJ., and WESSEL, JOHN D., Associate...

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