Freemon ex rel. Freemon v. Schuele

PATTERSON, Judge.

The plaintiff below appeals from a final order of the trial court dismissing this medical malpractice action for lack of prosecution pursuant to Florida Rule of Civil Procedure 1.420(e). We reverse.

In May 1987, the trial court granted a final summary judgment in favor of Morton F. Plant Hospital, one of the defendants. The plaintiff appealed, and this court affirmed. On May 17, 1988, the hospital filed a motion for the award of attorney’s fees and costs pursuant to section 768.56, Florida Statutes (1980). An eviden-tiary hearing was held on this motion on August 3, 1988, and…