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QUIJANO v. FLORIDA PATIENT'S COMP. FUND

No. 86-259.

520 So.2d 656 (1988)

Gregory QUIJANO, a Minor, by and through His Parents and Next Friends, Donald Quijano and Ana Quijano; and Donald Quijano and Ana Quijano, Individually, Appellants, v. FLORIDA PATIENT'S COMPENSATION FUND, Appellee.

District Court of Appeal of Florida, Third District.

February 23, 1988.

Attorney(s) appearing for the Case

Sheldon J. Schlesinger and Diana Santa Maria, Fort Lauderdale, for appellants.

Thomas Post and Evan J. Langbein, Miami, for appellee.

Before SCHWARTZ, C.J., and DANIEL S. PEARSON and JORGENSON, JJ.

DANIEL S. PEARSON, Judge.

On this appeal Quijano challenges an award of attorney's fees to the Florida Patient's Compensation Fund as a prevailing party under Section 768.56, Florida Statutes (1983),1 after summary judgment was entered for the Fund on undisputed evidence that no health care provider joined as a defendant was a member of the Fund. Section 768.56, Florida Statutes (1983), provides:

"[T]he court shall award a reasonable...

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