PHYSICIANS PROTECTIVE TRUST FUND, APPELLANT,
v.
JOHN P. KATONA, M.D., AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MAYA KATONA, M.D., THE ESTATE OF MAYA KATONA, M.D., ELEANOR F. ADAMS AND JOHN J. ADAMS, HER HUSBAND, APPELLEES
PHYSICIANS PROTECTIVE TRUST FUND, APPELLANT,
JOHN P. KATONA, M.D., AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MAYA KATONA, M.D., THE ESTATE OF MAYA KATONA, M.D., ELEANOR F. ADAMS AND JOHN J. ADAMS, HER HUSBAND, APPELLEES
545 So. 2d 968
Florida District Court of Appeal, Fourth District (1989)
Opinion of the Court
PER CURIAM.
AFFIRMED.
LETTS and STONE, JJ., concur.
ANSTEAD, J., dissents with opinion.
Dissent
ANSTEAD, Judge,
dissenting.
I believe there is at least an issue of fact as to whether the appellee Katona accepted counsel provided by appellant for defense of the underlying malpractice action. Cf. Allstate Ins. Co. v. M.H., 681 F.Supp. 811 (S.D. Fla.1988). Hence, it was error for the trial court to resolve this issue by summary judgment.