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MARTINEZ v. IPOX

No. 2D04-4544.

925 So.2d 448 (2006)

Luciano MARTINEZ, M.D. and Leon & Martinez, M.D., P.A., Appellants, v. Christopher T. IPOX and Rebeca Ipox, personal representatives of the Estate of Christopher Ipox, a minor, Appellees.

District Court of Appeal of Florida, Second District.

April 7, 2006.

Attorney(s) appearing for the Case

Rafael E. Martinez, Michelle M. Perez-Sotolongo, and Mary Jaye Debari of McEwan, Martinez & Dukes, P.A., Orlando, for Appellants.

Edna L. Caruso of Edna L. Caruso, P.A., West Palm Beach; George A. Vaka of Vaka, Larson & Johnson, P.L., Tampa; and Karen E. Terry and John A. Shipley of Searcy, Denney, Scarola, Barnhart & Shipley, P.A., West Palm Beach, for Appellees.

CANADY, Judge.

Dr. Luciano Martinez and his professional association (appellants) appeal a trial court order awarding attorneys' fees and costs to Mr. and Mrs. Ipox (appellees) in a wrongful death action. Because it was predicated on an invalid demand for judgment, we reverse the award of attorneys' fees. We affirm the award of costs.

Appellees, in their individual capacities, originally filed a medical malpractice action against appellants based on injuries...

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