Winter Park Memorial Hospital Ass'n, Inc. v. Jemison

District Court of Appeal of Florida

Winter Park Memorial Hospital Ass'n, Inc. v. Jemison

514 So. 2d 1134, 12 Fla. L. Weekly 2528, 1987 Fla. App. LEXIS 10849

CourtDistrict Court of Appeal of Florida

DecidedNovember 5, 1987

DocketNo. 86-2125

StatusPublished

Cited by1 cases

This text of 514 So. 2d 1134 (Winter Park Memorial Hospital Ass'n, Inc. v. Jemison) 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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Winter Park Memorial Hospital Ass'n, Inc. v. Jemison, 514 So. 2d 1134, 12 Fla. L. Weekly 2528, 1987 Fla. App. LEXIS 10849 (Fla. Ct. App. 1987).

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Opinion

ORFINGER, Judge.

We affirm the award of attorney’s fees to the plaintiffs who prevailed in this medical malpractice action which accrued on July 20, 1983. We reject appellant’s contention that because no judgment had been entered prior to the time the repealer became effective, the subsequent repeal of section 768.56 abolished plaintiffs’ substantive right to recover attorney’s fees. The right to recover attorney’s fees became vested when the cause of action accrued since the statute was then in effect. Young v. Altenhaus, 472 So.2d 1152 (Fla.1985); L. Ross, Inc. v. R.W. Roberts Construction Co., Inc., 466 So.2d 1096 (Fla. 5th DCA 1985), affirmed, 481 So.2d 484 (Fla.1986). See also Neviaser v. Stone, 510 So.2d 636 (Fla. 3d DCA 1987); Umbel v. Upadkyaya, 508 So.2d 32 (Fla. 2d DCA 1987) and Liebeler v. Zimmerman, 513 So. 2d 1310 (Fla. 2d DCA 1987).

AFFIRMED.

COBB, J. and LEE, R.E., Jr., Associate Judge, concur.

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ORFINGER, Judge.

We affirm the award of attorney’s fees to the plaintiffs who prevailed in this medical malpractice action which accrued on July 20, 1983. We reject appellant’s contention that because no judgment had been entered prior to the time the repealer became effective, the subsequent repeal of section 768.56 abolished plaintiffs’ substantive right to recover attorney’s fees. The right to recover attorney’s fees became vested when the cause of action accrued since the statute was then in effect. Young v. Altenhaus, 472 So.2d 1152 (Fla.1985); L. Ross, Inc. v. R.W. Roberts Construction Co., Inc., 466 So.2d 1096 (Fla. 5th DCA 1985), affirmed, 481 So.2d 484 (Fla.1986). See also Neviaser v. Stone, 510 So.2d 636 (Fla. 3d DCA 1987); Umbel v. Upadkyaya, 508 So.2d 32 (Fla. 2d DCA 1987) and Liebeler v. Zimmerman, 513 So. 2d 1310 (Fla. 2d DCA 1987).

AFFIRMED.

COBB, J. and LEE, R.E., Jr., Associate Judge, concur.

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514 So. 2d 1134, 12 Fla. L. Weekly 2528, 1987 Fla. App. LEXIS 10849, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winter-park-memorial-hospital-assn-inc-v-jemison-fladistctapp-1987.

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