Nicolitz v. Baptist Eye Institute, P.A.

Appellant, Ernst Nicolitz, M.D., seeks review of a final order awarding attorney’s fees to appellee, Baptist Eye Institute, P.A. (BEI), following the entry of an order granting motions to dismiss for failure to prosecute filed by both parties. Nicolitz contends on appeal that the trial court erred in granting BEI’s motion to dismiss; that he was, in fact, the prevailing party on all the significant issues in the litigation; and that the court erred by failing to consider the “results obtained” when awarding fees to BEI. We agree with Ni-colitz that the trial court erred in granting BEI’s…