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GOLDFISHER v. IVAX CORP.

No. 3D02-345.

827 So.2d 1110 (2002)

Sydney GOLDFISHER, Appellant, v. IVAX CORPORATION, Phillip Frost, M.D., Neil Flanzreich, Mark Andrews, Ernst Bieckert, Charles M. Fernandez, Jack Fishman, Jane Hsiao, Isaac Kaye, and Armando A. Tabernilla, Appellees.

District Court of Appeal of Florida, Third District.

October 16, 2002.

Attorney(s) appearing for the Case

Leesfield Leighton Rubio, Mahfood, Mahfood & Boyers and George G. Mahfood, Miami; Mojdeh L. Khaghan, Miami Beach; Grant & Eisenhofer and Sidney S. Liebesman, for appellant.

Stearns Weaver Miller Weissler Alhadeff & Sitterson and Eugene E. Stearns and Braford V. Swing and Richard Jackson, Miami, for appellee Ivax Corporation.

Before SCHWARTZ, C.J., and SHEVIN, J., and NESBITT, Senior Judge.

PER CURIAM.

We have before us two requests for attorney's fees. In the main appeal the trial judge denied stockholder Dr. Sidney Goldfisher's request for attorney's fees for his action which ultimately resulted in the removal of a "poison pill" clause from certain IVAX Corporation stockholder documents.1 The trial judge called it a "close call", but ultimately concluded that while Dr. Goldfisher's claim did produce action by IVAX benefitting...

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