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JACOBSON v. HUMANA MED. PLAN, INC.

No. 93-2281.

636 So.2d 120 (1994)

Ira S. JACOBSON, M.D., Appellant, v. HUMANA MEDICAL PLAN, INC., etc., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 31, 1994.

Attorney(s) appearing for the Case

Broad and Cassel and Alyson R. Serell, Miami, for appellant.

Waldman, Feluren & Ferrer and Glen Waldman, North Miami Beach, for appellee.

Before NESBITT, JORGENSON and LEVY, JJ.

NESBITT, Judge.

This is an appeal from an order of the trial court denying appellant's motion for entitlement to an award of attorney's fees. We reverse the order under review.

Humana Medical Plan, Inc. (Humana), a health maintenance organization (HMO), brought a contract action against Dr. Ira S. Jacobson. Dr. Jacobson answered the complaint; however, he did not assert a claim for attorney's fees as either party might have, pursuant to the contract in litigation...

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