J.S. NEVIASER, M.D., APPELLANT,
v.
NADYNE STONE AND DONALD STONE, APPELLEES
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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 The legislature subsequently repealed this section, effective October 1, 1985, Ch. 85-175, §§ 43, 55, Laws of Fla., explicitly stating that the repeal would not apply to actions filed on or before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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Citator
Cited By
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Asa L. Godbey, Jr., M.D. v. Walsh, 530 So. 2d 343 (Fla. 1st DCA 1988)…repealed in 1985, provided for prevailing party attorney fees in medical malpractice cases. In Young v. Alten-haus, 472 So. 2d 1152 (Fla.1985), the Supreme Court held that the statute created a substantive right to fees. See also Neviaser v. Stone, 510 So. 2d 636 (Fla. 3d DCA 1987); Umbel v. Upadhyaya, 508 So. 2d 32 (Fla. 2d DCA 1987); Liebeler v. Zimmerman, 513 So. 2d 1310 (Fla. 2d DCA 1987). In the case sub judice; the cause of action arose in 1983. Suit was filed in August 1984. Although we have considere…
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Winter Park Mem'l Hosp. Ass'n, Inc. v. Jemison, 514 So. 2d 1134 (Fla. 5th DCA 1987)…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.…
Authorities Cited
- Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985)
- Jerrold Young v. Fern Altenhaus, 472 So. 2d 1152 (Fla. 1985)
- Umbel v. Dipakkumar M. Upadhyaya, 508 So. 2d 32 (Fla. 2d DCA 1987)