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ENGLANDER v. ST. FRANCIS HOSP., INC.

No. 85-2773.

506 So.2d 422 (1986)

Jeanne ENGLANDER and Paul Englander, Her Husband, Appellants, v. ST. FRANCIS HOSPITAL, INC., Appellee.

District Court of Appeal of Florida, Third District.

March 25, 1986.

Attorney(s) appearing for the Case

Joel H. Brown, Miami, for appellants.

Talburt, Kubicki, Bradley & Draper and Betsy E. Gallagher, Miami, for appellee.

Before HUBBART, BASKIN and DANIEL S. PEARSON, JJ.

PER CURIAM.

The order denying the plaintiffs' motion to strike the defendant's claim for attorney's fees under Section 768.56, Florida Statutes (1983), is reversed upon a holding that such a claim cannot lie where, as here, (a) the plaintiff takes a voluntary dismissal without prejudice of his medical malpractice action against a particular defendant or defendants, and (b) there is nothing in the record to indicate that the voluntary dismissal was taken for other...

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