Legal Opinion

Bartow HMA, LLC v. Kirkland

District Court of Appeal of Florida

Decided September 3, 2014No. 2D13-3483PublishedCited by 4 opinions

1Opinion of the Court

RICE, ELIZABETH G., Associate Judge.

Bartow HMA, LLC appeals the trial court’s order awarding $23,761 in attorney’s fees (“fee order”) to Ollie J. Kirkland as a discovery sanction in the underlying medical malpractice case. Because the trial court lacked jurisdiction to award $21,252 in appellate attorney’s fees, we reverse that portion of the fee award only.

Facts and Procedural Background

Following a discovery dispute in which Bartow HMA argued that certain documents sought by Kirkland were protected, the trial court ordered the requested documents be produced. Bartow HMA thereafter filed a…

2Cases cited8 opinions

  1. DiStefano Const., Inc. v. Fidelity & Deposit Co. of Md.Supreme Court of Florida · 1992
  2. Rados v. RadosDistrict Court of Appeal of Florida · 2001
  3. In Re Estate of UdellDistrict Court of Appeal of Florida · 1986
  4. Respiratory Care v. Murray D. Shear, PaDistrict Court of Appeal of Florida · 1998
  5. Bissmeyer v. Southeast BankDistrict Court of Appeal of Florida · 1991

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Santiago v. Sunset Core Investments, Inc.District Court of Appeal of Florida · 2015
  2. Boca View Condominium Association, Inc. v. Eleanor Lepselter and Edward LepselterDistrict Court of Appeal of Florida · 2024
  3. ROBERT T. BLINN, ESQ. v. WEST SHORE VILLAS OF NAPLES OWNERS ASSOCIATION, INC.District Court of Appeal of Florida · 2018
  4. SUNIL MALKANI, ACES OF NAPLES, LLC AND FRATER LAW FIRM, P. A. v. DOUGLAS HANNAHDistrict Court of Appeal of Florida · 2024

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