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MALER EX REL. MALER v. BARAD

No. 88-2624.

541 So.2d 684 (1989)

James MALER, Jr., a Minor Child, By and Through His Mother and Natural Guardian, Joni MALER, Individually, and James Maler, Sr., Petitioners, v. Honorable Frederick N. BARAD, Judge of the Eleventh Judicial Circuit Court, in and for Dade County, Florida, et al., Respondents.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 8, 1989.

Attorney(s) appearing for the Case

Adams, Hunter, Angones, Adams, Adams & McClure and Christopher Lynch, Miami, for petitioners.

George, Hartz & Lundeen, Coral Gables, and Esther E. Galicia, Miami, Robert A. Ginsburg, County Atty., and Roy Wood, Asst. County Atty., for respondents.

Before SCHWARTZ, C.J., and BARKDULL and COPE, JJ.

PER CURIAM.

This is a petition for a writ of mandamus to compel the respondent circuit court judge to rule upon petitioners' motion to tax costs and attorney's fees. We deny the petition.

Petitioners filed a medical malpractice action against Dr. Michael Geraldi, an additional respondent in the present proceeding. Petitioners also filed a second medical malpractice suit against Baptist Hospital and Dr. David Gair, which is pending below and scheduled for trial...

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