Legal Opinion

Surgical Partners, LLC v. Choi

District Court of Appeal of Florida

Decided November 21, 2012No. 4D11-3902PublishedCited by 4 opinions

1Opinion of the CourtMay, C.J.

“What is sauce for the goose is sauce for the gander.”

This case returns to us in an appeal from an order awarding attorney’s fees and costs. The award arose from the doctor’s successful defense of the medical association’s breach of contract claim. We previously affirmed the underlying summary judgment in favor of the doctor. We now reverse the order awarding fees.

The medical association filed a one-count breach of contract claim against the doctor seeking liquidated damages for the doctor’s termination of an employment agreement. The doctor denied the claim. He successfully argued that the…

2Cases cited7 opinions

  1. Katz v. Van Der NoordSupreme Court of Florida · 1989
  2. Land & Sea Petroleum, Inc. v. Business Specialists, Inc.District Court of Appeal of Florida · 2011
  3. Mitchell v. DiMareDistrict Court of Appeal of Florida · 2006
  4. Fabing v. EatonDistrict Court of Appeal of Florida · 2006
  5. Giltex Corp. v. DiehlDistrict Court of Appeal of Florida · 1989

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. HFC Collection Center, Inc. v. AlexanderDistrict Court of Appeal of Florida · 2016
  2. Land Company of Osceola County, LLC v. Genesis Concepts, Inc.District Court of Appeal of Florida · 2015
  3. Meridian Construction & Development, LLC v. Admiral InsuranceDistrict Court, M.D. Florida · 2013
  4. ALLEN HARRIS v. THE BANK OF NEW YORK MELLONDistrict Court of Appeal of Florida · 2018

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