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NICOLITZ v. BAPTIST EYE INSTITUTE, P.A.

No. 1D01-4380.

830 So.2d 270 (2002)

Ernst NICOLITZ, M.D., Appellant, v. BAPTIST EYE INSTITUTE, P.A., Appellee.

District Court of Appeal of Florida, First District.

November 18, 2002.

Attorney(s) appearing for the Case

Robert H. Sturgess of Henderson Keasler Law Firm, Jacksonville, for Appellant.

Dudley D. Allen of Dudley D. Allen, P.A., Jacksonville, for Appellee.

PER CURIAM.

Appellant, Ernst Nicolitz, M.D., seeks review of a final order awarding attorney's fees to appellee, Baptist Eye Institute, P.A. (BEI), following the entry of an order granting motions to dismiss for failure to prosecute filed by both parties. Nicolitz contends on appeal that the trial court erred in granting BEI's motion to dismiss; that he was, in fact, the prevailing party on all the significant issues in the litigation; and that the court erred by...

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