Florida District Courts of Appeal, 1989

Physicians Protective Trust Fund v. Katona

Florida District Courts of Appeal · Decided July 7, 1989 · Anstead, Letts, Stone

545 So. 2d 968; 1989 Fla. App. LEXIS 3805; 1989 WL 73813 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

AFFIRMED.

LETTS and STONE, JJ., concur. ANSTEAD, J., dissents with opinion.

Dissenting Opinion

ANSTEAD, Judge,

dissenting.

I believe there is at least an issue of fact as to whether the appellee Katona accepted counsel provided by appellant for defense of the underlying malpractice action. Cf. Allstate Ins. Co. v. M.H., 681 F.Supp. 811 (S.D. Fla. 1988). Hence, it was error for the trial court to resolve this issue by summary judgment.

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