Neviaser v. Stone

District Court of Appeal of Florida

Neviaser v. Stone

510 So. 2d 636, 12 Fla. L. Weekly 1825, 1987 Fla. App. LEXIS 9583

CourtDistrict Court of Appeal of Florida

DecidedJuly 28, 1987

DocketNo. 87-788

StatusPublished

Cited by4 cases

This text of 510 So. 2d 636 (Neviaser v. Stone) 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.

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Neviaser v. Stone, 510 So. 2d 636, 12 Fla. L. Weekly 1825, 1987 Fla. App. LEXIS 9583 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

The underlying cause of action in this lawsuit accrued in April, 1983. At that time, section 768.56, Florida Statutes (1981), providing for the award of reasonable attorney’s fees to the prevailing party in a medical malpractice action, was still in effect. The legislature subsequently repealed this section, effective October 1, 1985, Ch. 85-175, §§ 43, 55, Laws of Fla., explicitly stating that the repeal would not apply to actions filed on or before the effective date. Ch. 85-175, § 48, Laws of Fla. Because Young v. Altenhaus, 472 So.2d 1152 (Fla.1985), establishes that the prevailing party’s entitlement to attorney’s fees vests on the date that the cause of action accrues, Umbel v. Upadhyaya, 508 So.2d 32 (Fla. 2d DCA 1987), we reverse the Order Denying Defendant Neviaser’s Motion for Attorney [sic] Fees and remand the cause with directions to the court to conduct a hearing in accordance with Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla.1985).

Reversed and remanded.

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PER CURIAM.

The underlying cause of action in this lawsuit accrued in April, 1983. At that time, section 768.56, Florida Statutes (1981), providing for the award of reasonable attorney’s fees to the prevailing party in a medical malpractice action, was still in effect. The legislature subsequently repealed this section, effective October 1, 1985, Ch. 85-175, §§ 43, 55, Laws of Fla., explicitly stating that the repeal would not apply to actions filed on or before the effective date. Ch. 85-175, § 48, Laws of Fla. Because Young v. Altenhaus, 472 So.2d 1152 (Fla.1985), establishes that the prevailing party’s entitlement to attorney’s fees vests on the date that the cause of action accrues, Umbel v. Upadhyaya, 508 So.2d 32 (Fla. 2d DCA 1987), we reverse the Order Denying Defendant Neviaser’s Motion for Attorney [sic] Fees and remand the cause with directions to the court to conduct a hearing in accordance with Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla.1985).

Reversed and remanded.

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510 So. 2d 636, 12 Fla. L. Weekly 1825, 1987 Fla. App. LEXIS 9583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/neviaser-v-stone-fladistctapp-1987.

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