Florida Patient's Compensation Fund v. Black

LEHAN, Judge.

We affirm the trial court’s denial of the Florida Patient’s Compensation Fund’s motion for attorney’s fees under section 768.-56, Florida Statutes (1981). We agree with the trial court that the Fund was not the “prevailing party” in this litigation within the intended scope of section 768.56.

The jury in this medical malpractice trial against plaintiff’s doctor and the Fund returned a verdict in the total sum of $27,000 which was below the threshold amount of $100,000 beyond which the Fund’s obligation to compensate plaintiff would be activated. § 768.54 (3), Fla. Stat. (1981).…