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JONES v. MENTAL HEALTH SERVICES OF ORANGE CTY.

No. 87-2289.

544 So.2d 1177 (1989)

Eddye JONES, Homero Leon, and Greater Area Legal Services, Inc., Appellants, v. MENTAL HEALTH SERVICES OF ORANGE COUNTY, Florida, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

June 15, 1989.

Attorney(s) appearing for the Case

Tobe Lev of Egan, Lev & Siwica, Orlando, for appellants.

John R. Darin, II of Cameron, Marriott, Walsh & Hodges, P.A., Orlando, for appellees Adventist Health Systems d/b/a Florida Hosp., and Barbara Kearney.

John S. Plummer of Gurney & Handley, P.A., Clay H. Coward of Mateer, Harbert & Bates, P.A., Brian E. Currie of Sanders, McEwan, Mims & Martinez, and Timothy DePalma of Smalbein, Johnson, Rosier, Bussey, Rooney & Ebbets, P.A., Orlando, for appellees Roger E. Phillips, M.D., Mental Health Services of Orange County, Inc., Forbes Johnson, Nancy Small, M.D., Orlando Regional Medical Center, and Lorena Knott.

John S. Plummer of Gurney & Handley, P.A., Clay H. Coward of Mateer, Harbert & Bates, P.A., Brian E. Currie and William E. Ruffier of Sanders, McEwan, Mims & Martinez, P.A., Timothy DePalma of Smalbein, Johnson, Rosier, Bussey, Rooney & Ebbets, P.A., and Rafael E. Martinez, Orlando, for appellee Jose Suarez, M.D.

ON MOTION FOR REHEARING EN BANC

DAUKSCH, Judge.

We withdraw our previous opinion in this case and render the following in its stead.

Appellants challenge the award of attorneys fees to appellees, which awards were made under section 768.495(1), Florida Statutes which provides in pertinent part:

No action shall be filed for personal injury or wrongful death arising out of medical negligence, whether in tort or in contract, unless the attorney...

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