Quijano ex rel. Quijano v. Florida Patient's Compensation Fund

DANIEL S. PEARSON, Judge.

On this appeal Quijano challenges an award of attorney’s fees to the Florida Patient’s Compensation Fund as a prevailing party under Section 768.56, Florida Statutes (1983),1 after summary judgment was entered for the Fund on undisputed evidence that no health care provider joined as a defendant was a member of the Fund. Section 768.56, Florida Statutes (1983), provides:

“[T]he court shall award a reasonable attorney’s fee to the prevailing party in any civil action which involves a claim for damages by reason of injury, death, or monetary loss on account of alleged…