Florida District Courts of Appeal, 1986

Barabas v. Rojas

Florida District Courts of Appeal · Decided January 29, 1986 · Downey, John, Sel, Walden, Wes

481 So. 2d 1004; 11 Fla. L. Weekly 292; 1986 Fla. App. LEXIS 6071 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

Having reversed the judgment in Case No. 84-857 in favor of the appellees, Alirio Rojas, M.D., and Alirio Rojas, M.D., P.A., and remanded for a new trial on the merits, it follows that attorney’s fees awarded to appellees as prevailing parties in a malpractice action under Section 768.56, Florida Statutes (1983), must also be reversed.

Reversed.

DOWNEY and WALDEN, JJ., and WES-SEL, JOHN D., Associate Judge, concur.

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