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DUFFY v. BROOKER

Nos. 91-3847, 91-3877.

614 So.2d 546 (1993)

Patrick M. DUFFY, M.D., and Physicians Protective Trust Fund, Appellants, v. Betty BROOKER, as Personal Representative of the Estate of Ronald Brooker, Deceased, Appellee.

District Court of Appeal of Florida, First District.

March 10, 1993.

Attorney(s) appearing for the Case

Gary A. Shipman and Richard B. Collins, of Collins, Dennis & Truett, Tallahassee, and Bambi G. Blum and Mark Hicks, of Hicks, Anderson & Blum, P.A., Miami, for appellants.

Samuel Hankin and Phil C. Beverly, Jr., of Hankin & Beverly, P.A., Gainesville, for appellee.

Peter S. Branning, P.A., and Susan J. Silverman, Sarasota, for amicus curiae, Academy of Florida Trial Lawyers.

ON MOTION FOR REVIEW OF ORDER DENYING APPELLATE ATTORNEY FEES

BARFIELD, Judge.

When appellee sought appellate attorney fees, relying on sections 766.206(3) and 59.46, Florida Statutes, we denied the motion. She now seeks to have us reconsider that denial. She argues that the award of attorney fees pursuant to section 766.206(3) is mandatory, asserting that it is "non-discretionary and contingent only upon prevailing on the issue of reasonable investigation...

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