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BESEAU v. BHALANI

Nos. 5D04-1847, 5D04-2118.

904 So.2d 641 (2005)

Susan BESEAU, etc., et al., Appellants, v. Kirit BHALANI, M.D., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

June 24, 2005.

Attorney(s) appearing for the Case

Edna L. Caruso and Diran V. Seropian, West Palm Beach, Sheldon J. Schlesinger and Scott M. Newmark, of Sheldon J. Schlesinger, P.A., Fort Lauderdale, and Louis Ossinsky, Jr., of Ossinsky & Krol, P.A., Daytona Beach, for Appellants.

Jennifer S. Carroll and David Noel of Law Offices of Jennifer S. Carroll, P.A., Palm Beach Gardens, for Appellees Kirit Bhalani, M.D., and Anthony J. Conte, M.D.

Esther E. Galicia of George, Hartz, Lundeen, Fulmer, Johnstone, King & Stevens, Fort Lauderdale, for Appellee Memorial Health Services, Inc., and Mark T. Labor, CRNA.

PER CURIAM.

In this wrongful death action, we are asked to review the propriety of orders awarding attorney's fees and costs in favor of Appellees who prevailed after jury trial.1 Specifically, we must determine whether it was fundamental error to assess attorney's fees and costs against Appellant in her individual capacity.2

Appellees concede that, pursuant to the applicable wrongful death statutes...

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