Theodorou v. Burling

This is an appeal from an order disallowing attorneys’ fees, based upon an interpretation of Section 768.56, Florida Statutes (1980). A brief synopsis of procedural facts is pertinent to the issue presented for review.

A complaint for medical malpractice was filed against various defendants, excluding appellants, on February 21,1980. A second amended complaint was filed on November 16, 1980, adding appellants as parties defendant. Ultimately these defendants were found not to have been guilty of negligence or medical malpractice. Nevertheless, their claims for attorneys’ fees were disallowed,…