Fowler v. St. Luke's Hospital Ass'n

OPINION OF THE COURT

PETER L. DEARING, Circuit Judge.

PRELIMINARY ORDER ON DEFENDANTS MOTION FOR ATTORNEY FEES

THIS CAUSE came on for hearing on the defendant’s motion to award attorney’s fees to it as the prevailing party in this medical malpractice action. Because the time allotted for this hearing was insufficient to take testimony and hear argument on each aspect of the defendant’s motion, the Court bifurcated these proceedings so as to permit argument initially only on whether or not attorney’s fees can be awarded generally in cases where the underlying cause of action for the alleged…