PARANZINO v. BERGER

No. 97-3216.

755 So.2d 655 (1998)

Joyce PARANZINO, Appellant, v. Scott BERGER, M.D., Appellee.

District Court of Appeal of Florida, Fourth District.

Clarification Granted December 22, 1999.


Attorney(s) appearing for the Case

Jay M. Levy of Jay M. Levy, P.A., Miami and Paul Sack of Sack & Gladstein, Miami Beach, for appellant.

Michael J. Compagno of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., West Palm Beach, for appellee.


SHAHOOD, Judge.

The issue presented in this appeal is whether the trial court erred in dismissing appellant's case with prejudice and in awarding sanctions against her in the form of attorney's fees and costs under section 766.206(2), Florida Statutes (1997), without first conducting an evidentiary hearing to determine the reasonableness of appellant's presuit investigation. We hold that the trial court erred by failing to conduct an evidentiary hearing prior to its...

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