Howard Folta and Joanne Folta, His Wife, Cross v. Joseph Bolton, M.D., and Tarpon Springs General Hospital, Inc., a Florida Corporation, Cross

PER'CURIAM:

This diversity malpractice appeal raises two important questions concerning the application of Florida’s “Attorney’s Fees in Medical Malpractice Actions” statute, Fla. Stat. § 768.56 (1984), 1 to the situation where a plaintiff prevails on but one of five different and distinct malpractice claims brought against a particular co-defendant. Specifically, the first question concerns which party, under these circumstances, would be the “prevailing party” for purposes of awarding attorney’s fees under § 768.56. The second question is whether the trial court has jurisdiction to award…