HERBERT PARDELL, D.O., APPELLANT,
v.
HUMANA MEDICAL PLAN, INC., APPELLEE
HERBERT PARDELL, D.O., APPELLANT,
HUMANA MEDICAL PLAN, INC., APPELLEE
580 So. 2d 286
Florida District Court of Appeal, Third District (1991)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Assuming that the point is not foreclosed by the law of the case doctrine, we conclude that a health maintenance organization which conducts peer review of physicians under section 766.101, Florida Statutes (1989), is a “person” entitled to attorney’s fees and costs as a prevailing defendant under paragraph 766.101(6)(a). See § 1.01(3), Fla.Stat. (1989).
Affirmed.
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James Noble, M.D. v. Martin Mem'l Hosp. Ass'n, Inc., 710 So. 2d 567 (Fla. 4th DCA 1997)…only question is whether the hospital qualifies as a “person,” pursuant to the statute. The Third District Court of Appeal has held that a health maintenance organization is a person, pursuant to the statute. See Pardell v. Humana Med. Plan, Inc., 580 So. 2d 286 (Fla. 3rd DCA 1991). There is no rational reason why the hospital should not be entitled to the same relief. We therefore reverse the trial court in this regard only. The case is affirmed in all respects except for the trial court’s ruling on the a…