Leon F. Cohn, M.D., P.A. v. Visual Health & Surgical Center, Inc.

Leon F. Cohn, M.D., P.A. (“Cohn”), appeals a final judgment entered upon a jury verdict in its favor on a breach of contract claim against Visual Health and Surgical Center, Inc. (“Visual Health”), and in favor of Visual Health on its “money had and received” claim. Cohn also appeals an order finding that Cohn was not entitled to fees and costs. We affirm the final judgment in all respects but reverse the order finding that Cohn was not entitled to fees and costs.

Dr. Cohn agreed to sell his ophthalmology practice to Visual Health. Pursuant to the agreement, Dr. Cohn would continue to practice…