Jones v. Mental Health Services of Orange County

ON MOTION FOR REHEARING EN BANC

DAUKSCH, Judge.

We withdraw our previous opinion in this case and render the following in its stead.

Appellants challenge the award of attorneys fees to appellees, which awards were made under section 768.495(1), Florida Statutes which provides in pertinent part:

No action shall be filed for personal injury or wrongful death arising out of medical negligence, whether in tort or in contract, unless the attorney filing the action has made a reasonable investigation as permitted by the circumstances to determine that there are grounds for a good faith belief that…