Legal Opinion · Dissent

Maler ex rel. Maler v. Barad

District Court of Appeal of Florida

Decided March 21, 1989No. 88-2624Published

1DissentSchwartz, Chief Judge

Upon the entry of judgment in his favor in this wrongful death medical malpractice action, the defendant, now-respondent Dr. Geraldi moved to tax attorney’s fees in his favor under the then applicable provisions of section 768.56, Florida Statutes (1980). The motion was by agreement held in abeyance until the judgment was affirmed in Maler ex rel. Maler v. Geraldi, 502 So.2d 973 (Fla. 3d DCA 1987), pet. for review denied, 513 So.2d 1062 (Fla.1987). Thereafter, the motion was heard by the respondent trial judge, with the plaintiffs taking the position that the motion should be denied pursuant…

2Cases cited9 opinions

  1. Canakaris v. CanakarisSupreme Court of Florida · 1980
  2. Finkelstein v. North Broward Hosp. Dist.Supreme Court of Florida · 1986
  3. Roberts v. AskewSupreme Court of Florida · 1972
  4. Flagship Nat. Bank of Miami v. TestaDistrict Court of Appeal of Florida · 1983
  5. Quintana v. BaradDistrict Court of Appeal of Florida · 1988

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