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HESS v. WALTON

No. 2D04-758.

898 So.2d 1046 (2005)

Alfred Vincent HESS, M.D., and Musculoskeletal Institute Chartered, d/b/a Florida Orthopaedic Institute, a Florida corporation, Appellants, v. Noreen WALTON, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 20, 2005.

Attorney(s) appearing for the Case

Brendan M. Lee of Macfarlane Ferguson & McMullen, Tampa, for Appellants.

Stephen A. Barnes of Abramson, Uiterwyk & Barnes, Tampa; and Gary A. Magnarini of Hicks & Kneale, P.A., Hollywood, for Appellee.

ALTENBERND, Chief Judge.

Dr. Alfred Vincent Hess and Florida Orthopaedic Institute (FOI) appeal a final judgment entered in favor of Noreen Walton in a medical malpractice action. They challenge an award of attorneys' fees that was entered against FOI pursuant to Florida Rule of Civil Procedure 1.442 and section 768.79, Florida Statutes (2003). Although the settlement strategy employed by the plaintiff in this multi-defendant case may not have been foreseen by the...

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