Morgan v. Boca Raton Community Hospital, Inc.

DANIEL T. K. HURLEY, Circuit Judge.

After a medical mediation panel returned a decision in favor of the defendant, Harold C. Friend, M. D., finding no actionable negligence, Dr. Friend filed a motion pursuant to Florida Statute 57.105 seeking an award of attorney’s fees. That statute reads —

“The court shall award a reasonable attorney’s fee to the prevailing party in any civil action in which the court finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party.”

*47The threshold question is whether a medical mediation proceeding is a “civil…