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ENGLANDER v. ST. FRANCIS HOSP., INC.

No. 85-2773.

506 So.2d 423 (1987)

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

District Court of Appeal of Florida, Third District.

April 7, 1987.

Attorney(s) appearing for the Case

Joel H. Brown, Miami, for appellants.

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

Before HUBBART, NESBITT, BASKIN, DANIEL S. PEARSON, FERGUSON and JORGENSON, JJ.

ON REHEARING EN BANC

DANIEL S. PEARSON, Judge.

When the Englanders voluntarily dismissed their medical malpractice action against St. Francis Hospital, the hospital, as the alleged "prevailing party," sought to recover attorneys' fees under Section 768.56, Florida Statutes (1983). The trial court, rejecting the plaintiffs' contention that their "voluntary dismissal was not related to the merits of the case, but rather was a strategic move to avoid jury confusion...

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