MEKRAS v. MARLOW

No. 87-491.

519 So.2d 742 (1988)

George MEKRAS, M.D., Appellant, v. Howard MARLOW and Linda Marlow, His Wife, Appellees.

District Court of Appeal of Florida, Third District.

February 9, 1988.


Attorney(s) appearing for the Case

George, Hartz & Lundeen, James C. Blecke, Miami, and Susan S. Lerner, for appellant.

Spence, Payne, Masington, Grossman & Needle, Podhurst, Orseck, Parks, Josefsbeg, Eaton, Meadow & Olin and Joel D. Eaton, Miami, for appellees.

Before BARKDULL and HUBBART and FERGUSON, JJ.


PER CURIAM.

This is an appeal from a trial court order denying the defendant George Mekras' motion for attorney's fees under Section 768.56(1), Florida Statutes (1983), after the plaintiffs Howard and Linda Marlow voluntarily dismissed their medical malpractice action against the above defendant. We affirm the order appealed from because, on this record, there is no showing that "had not the voluntary dismissal intervened, the case would have concluded with a summary...

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