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WIGGINS v. KHOSRAVI

No. 90-1639.

577 So.2d 984 (1991)

Wilbert WIGGINS and Delores Wiggins, His Wife, Individually and As Guardian and Next Friends of Delores Evangeline Wiggins, an Infant Child, Appellants, v. Hormoz KHOSRAVI, M.D., Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 2, 1991.

Attorney(s) appearing for the Case

Bernard S. McLendon, Rochester, N.Y., for appellants.

Christopher G. Burns, of Saalfield, Catlin, Coulson & Etheridge, P.A., Jacksonville, for appellee.

WIGGINTON, Judge.

Appellants, plaintiffs below, appeal a final summary judgment entered in favor of appellee in this medical malpractice action. They also appeal a final judgment ordering them to pay, pursuant to section 768.56, Florida Statutes (1983), the attorney's fees and costs incurred by appellee. We reverse both judgments.

In his motion for summary judgment, appellee declared that the issue raised by the...

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