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PRATT v. WEISS

No. 4D10-4398.

92 So.3d 851 (2012)

Ancel PRATT, Jr., Appellant, v. Michael C. WEISS, D.O., Michael C. Weiss, D.O., P.A., Louis H. Isaacson, D.O., Louis H. Isaacson, D.O., P.A., Sterling Healthcare Group, Inc., Sterling Miami, Inc., Lauderdale Orthopaedic Surgeons, Michael C. Weiss, D.O., P.A., and FMC Hospital Ltd., a Florida Limited Partnership d/b/a Florida Medical Center, FMC Medical, Inc., f/k/a FMC Center Inc., d/b/a Florida Medical Center, Appellees.

District Court of Appeal of Florida, Fourth District.

May 2, 2012.

Attorney(s) appearing for the Case

Linda A. Alley of Sheldon J. Schlesinger, P.A., Fort Lauderdale and Philip M. Burlington and Andrew A. Harris of Burlington & Rockenbach, P.A., West Palm Beach, for appellant.

A. Candace Marcus and James C. Sawran of McIntosh, Sawran & Cartaya, P.A., Fort Lauderdale, for appellee.

MAY, C.J.

This appeal challenges an attorney's fees award, pursuant to a proposal for settlement/offer of judgment ("proposal") in a medical malpractice action. The plaintiff, who prevailed against another defendant, appeals the fee award in favor of a defendant against whom he did not prevail. The plaintiff argues the fee award must be reversed because the proposal: (1) failed to apportion the offer between two separately named defendants; (2) was ambiguous; and...

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