Mekras v. Marlow

This is an appeal from a trial court order denying the defendant George Mekras’ motion for attorney’s fees under Section 768.-56(1), Florida Statutes (1983), after the plaintiffs Howard- and Linda Marlow voluntarily dismissed their medical malpractice action against the above defendant. We affirm the order appealed from because, on this record, there is no showing that “had not the voluntary dismissal intervened, the case would have concluded with a summary judgment in [the defendant Mekras’] favor.” Englander v. St. Francis Hospital, Inc., 506 So.2d 423, 424 (Fla. 3d DCA 1987). Contrary to…