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AMES v. LINDSEY

No. 88-0800.

551 So.2d 564 (1989)

Donald L. AMES, M.D., Appellant, v. Edwin L. LINDSEY, M.D., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 20, 1989.

Attorney(s) appearing for the Case

Marjorie Gadarian Graham of Marjorie Gadarian Graham, P.A., West Palm Beach, and George H. Moss and Kevin S. Doty of Moss, Henderson & Lloyd, P.A., Vero Beach, for appellant.

Philip M. Burlington of Edna L. Caruso, P.A., and Montgomery & Larmoyeux, West Palm Beach, for appellee.

DELL, Judge.

Appellant, Donald L. Ames, M.D. received a favorable verdict in a medical malpractice action brought against him by appellee, Edwin L. Lindsey, M.D. Dr. Ames moved for imposition of attorney's fees as the prevailing party under section 768.56, Florida Statutes (1983). Dr. Lindsey claimed he was insolvent and therefore exempt under the statute from any such award. The parties stipulated that the reasonable amount of the fees sought by Dr. Ames was $46...

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