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BARTOW HMA, LLC v. KIRKLAND

No. 2D13-3483.

146 So.3d 1213 (2014)

BARTOW HMA, LLC a/k/a Bartow Regional Medical Center, Appellant, v. Ollie J. KIRKLAND; Larry D. Thomas, M.D.; James R. Smith, M.D.; Linda Holt; Schumacher Group Of Florida, Inc.; Polk Emergency Group, LLC, Appellees.

District Court of Appeal of Florida, Second District.

September 3, 2014.

Attorney(s) appearing for the Case

Dinah Stein and Mark Hicks of Hicks, Porter, Ebenfeld & Stein, P.A., Miami, and Michael A. Petruccelli and Paul C. Buckley of Fann & Petruccelli, P.A., Ft. Lauderdale, for Appellant.

John W. Frost, II , and Lydia S. Zbrzeznj of Frost Van den Boom & Smith, P.A., Bartow, for Appellee Ollie J. Kirkland.

No appearance for remaining Appellees.

RICE, ELIZABETH G., Associate Judge.

Bartow HMA, LLC appeals the trial court's order awarding $23,761 in attorney's fees ("fee order") to Ollie J. Kirkland as a discovery sanction in the underlying medical malpractice case. Because the trial court lacked jurisdiction to award $21,252 in appellate attorney's fees, we reverse that portion of the fee award only.

Facts and Procedural Background

Following a discovery dispute in which Bartow HMA...

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