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FOLTA v. BOLTON, M.D.

No. 84-3219.

806 F.2d 994 (1986)

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.

December 22, 1986.

Attorney(s) appearing for the Case

Mark Hicks, Daniels and Hicks, P.A., Miami, Fla., for Howard and Joanne Folta.

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

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

Jeffrey C. Fulford, Orlando, Fla., for Tarpon.

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 case involves the propriety of claims for attorney's fees in a medical malpractice action pursuant to Fla.Stat. § 768.56 (1983). The district court denied the claims. On March 27, 1985, this court certified two questions1 regarding the application of section 768.56 to the Florida Supreme Court. Folta v. Bolton, 758 F.2d 520, 523 (11th Cir.1985). The Florida Supreme...

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