Florida District Courts of Appeal, 1989

Harlan S. Chiron, P.A. v. Paul

Harlan S. Chiron, P.A. v. Paul
Florida District Courts of Appeal · Decided February 28, 1989 · Ferris, Jorgenson, Schwartz
538 So. 2d 978; 14 Fla. L. Weekly 566; 1989 Fla. App. LEXIS 1031 (Southern Reporter, Second Series)

Harlan S. Chiron, P.A. v. Paul

Opinion of the Court

PER CURIAM.

These are appeals from a judgment entered pursuant to a jury verdict awarding damages to Vickie Sher Paul for medical malpractice, a judgment for costs, and a judgment for attorney’s fees.

We affirm the judgments for damages and for costs. We reverse the judgment awarding attorney’s fees and remand this cause to the trial court to reconsider the amount of such an award in light of Miami Children’s Hospital v. Tamayo, 529 So.2d 667 (Fla. 1988). It is unclear from the record before this court whether Ms. Paul and her attorney had reached a contingent fee agreement and, if they had, whether the court-awarded fees exceeded the amount to which they had agreed.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.

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