Home/District Court of Appeal of Florida/Englander v. St. Francis Hospital, Inc.

Englander v. St. Francis Hospital, Inc.

506 So. 2d 422, 11 Fla. L. Weekly 716, 1986 Fla. App. LEXIS 7006
CourtDistrict Court of Appeal of Florida
DecidedMarch 25, 1986
DocketNo. 85-2773
StatusPublished
Cited by2 cases

This text of 506 So. 2d 422 (Englander v. St. Francis Hospital, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Englander v. St. Francis Hospital, Inc., 506 So. 2d 422, 11 Fla. L. Weekly 716, 1986 Fla. App. LEXIS 7006 (Fla. Ct. App. 1986).

Opinions

PER CURIAM.

The order denying the plaintiffs’ motion to strike the defendant’s claim for attorney’s fees under Section 768.56, Florida Statutes (1983), is reversed upon a holding that such a claim cannot lie where, as here, (a) the plaintiff takes a voluntary dismissal without prejudice of his medical malpractice action against a particular defendant or defendants, and (b) there is nothing in the record to indicate that the voluntary dismissal was taken for other than strategic reasons. Simmons v. Schimmel, 476 So.2d 1342 (Fla. 3d DCA 1985). The cause is remanded to the trial court with directions to strike the motion for attorney’s fees filed herein.

Reversed and remanded.

HUBBART and BASKIN, JJ., concur.

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Related

Dam v. Heart of Florida Hosp., Inc.
536 So. 2d 1177 (District Court of Appeal of Florida, 1989)
Englander v. St. Francis Hosp., Inc.
506 So. 2d 423 (District Court of Appeal of Florida, 1987)

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Bluebook (online)
506 So. 2d 422, 11 Fla. L. Weekly 716, 1986 Fla. App. LEXIS 7006, Counsel Stack Legal Research, https://law.counselstack.com/opinion/englander-v-st-francis-hospital-inc-fladistctapp-1986.