LEMOINE v. COONEY

Nos. 4-86-1825, 4-86-2827 and 4-86-2905.

514 So.2d 391 (1987)

Marcel LEMOINE, Appellant, v. James F. COONEY, M.D., et al., Appellees. FLORIDA PATIENT'S COMPENSATION FUND, Appellant/Cross Appellee, v. Marcel Lemoine, Appellee/Cross Appellant, and Solidea Lemoine, His Wife, James F. Cooney, M.D., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 20, 1987.


Attorney(s) appearing for the Case

Paul Siegel of Sinclair, Louis, Siegel, Heath, Nussbaum & Zavertnik, P.A., Miami, for Lemoine.

Debra J. Snow and Robert M. Klein of Stephens, Lynn, Chernay & Klein, P.A., Miami, for Cooney.

Nancy P. Maxwell of Metzger & Sonneborn, West Palm Beach, for Florida Patient's Compensation Fund.


LETTS, Judge.

The Florida Patient's Compensation Fund (Fund), a named defendant in a medical malpractice suit, elected to rely on the codefendant doctor's carrier for its defense. As a consequence, it was permitted, through a motion in limine, to merely observe the jury trial and take no part in it, in return for the trial judge's order banning any mention of the Fund during the trial. The plaintiff patient appeals that...

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