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FREEMON EX REL. FREEMON v. SCHUELE

No. 89-02640.

566 So.2d 817 (1990)

Katrina FREEMON, a Child, BY and through Her Next Friend, Nadine Freemon, Appellant, v. Dr. Howard J. SCHUELE; Dr. Fred Tucker; Dr. Arvelio De La Torre; Morton F. Plant Hospital Association, Inc.; and Florida Patient's Compensation Fund, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 20, 1990.

Attorney(s) appearing for the Case

Joseph Egan, Jr., of Egan, Lev & Siwica, Orlando, for appellant.

William E. Hennen of Marlow, Shofi, Smith, Hennen, Smith & Jenkins, P.A., Tampa, for appellees Schuele and De La Torre.

Bradley J. Goewert of McClain & Associates, P.A., Tampa, for appellee Tucker.

Thomas J. Kennedy of Shear, Newman, Hahn & Rosenkranz, Tampa, for appellee Florida Patient's Compensation Fund.

PATTERSON, Judge.

The plaintiff below appeals from a final order of the trial court dismissing this medical malpractice action for lack of prosecution pursuant to Florida Rule of Civil Procedure 1.420(e). We reverse.

In May 1987, the trial court granted a final summary judgment in favor of Morton F. Plant Hospital, one of the defendants. The plaintiff appealed, and this court affirmed. On May 17, 1988, the hospital filed a motion for the award of attorney...

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