WALTON REGIONAL HOSPITAL, APPELLANT,
v.
LINDA YELL AND DANNY YELL, APPELLEES
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Walton Regional Hospital appeals a medical negligence arbitration award of $2,975,291.58 to Linda and Danny Yell for a medication error causing permanent injury. The court affirms the arbitration award and holds that appellate attorney's fees are recoverable under Florida law in addition to the 15% arbitration award cap.
The court holds that appellate attorney's fees are recoverable under Florida Statute § 59.46 and are not limited by the 15% cap in § 766.207(7), which applies only to fees for services rendered in arbitration proceedings, not appeals.
[1] A statute providing for attorney's fees to the prevailing party includes appellate attorney's fees unless a contrary intent is expressly stated.
[2] A statutory provision limiting attorney's fees to a percentage of an arbitration award does not preclude recovery of separate appellate attorney's fees.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In the absence of an expressed contrary intent, any provision of a statute or of a contract entered into after October 1, 1977, providing for the payment of attorney's fees to the prevailing party shall be construed to include the payment of attorney's fees to the prevailing party on appeal.”
Establishes the statutory rule that attorney's fees provisions presumptively include appellate fees unless a contrary intent is expressed.
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Join FLexlaw to unlock all legal intelligenceOn October 4, 1993, Linda Yell received an improper administration of Phenergan while being treated at Walton Regional Hospital, causing permanent and…
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LAWRENCE, J.
Walton Regional Hospital (hospital) appeals a medical negligence arbitration award to Linda and Danny Yell. We affirm.
Linda Yell (patient), on October 4, 1993, while being treated at the hospital,1 received an improper administration of medication (Phenergan). The medication error caused permanent and serious injury. The patient and her husband, Danny Yell, filed a notice of intent to initiate malpractice litigation in June 1995; the hospital forwarded the notice to its insurer, Florida Physicians Insurance Company (insurer). The insurer, by letter of September 19, 1995, offered to admit liability in exchange for binding arbitration pursuant to statute.2 The patient accepted the insurer’s offer and an arbitration award of $2,975,-291.58 was filed on May 11, 1998. The hospital, after the arbitrators’ award, moved to set aside the award on various grounds, and to disqualify one of the arbitrators, Buchanan, on the basis that Buchanan represents a plaintiff in another ease against the hospital.
The hospital’s motion to stay the award was granted here, upon condition of the posting of a bond. Case 98-2110 is the hospital’s appeal from the arbitration award. Case 99-67 is the hospital’s appeal from a December 3,1998 order of the chief arbitrator, denying the hospital’s motions to disqualify Buchanan, and to vacate the arbitration award. This court consolidated cases 98-2110 and 99-67 for all appellate purposes.
We affirm the orders under review in all respects and write solely to address the issue of attorney’s fees on appeal. The hospital argues that the appellees are not entitled to an appellate attorney’s fee because they have already been awarded fifteen percent of the arbitration award, which is the maximum allowed under section 766.207(7)©, Florida Statutes (1993). We disagree. Section 59.46, Florida Statutes (1993), provides:
In the absence of an expressed contrary intent, any provision of a statute or of a contract entered into after October 1, 1977, providing for the payment of attorney’s fees to the prevailing party shall be construed to include the payment of attorney’s fees to the prevailing party on appeal.
We find no contrary intent expressed in the arbitration statute, to-wit:
© The defendant shall pay the claimant’s reasonable attorney’s fees and costs, as determined by the arbitration panel, but in no event more than 15 percent of the award, reduced to present value.
§ 766.207(7). Neither do we construe that portion of the statute providing for a maxi mum of fifteen percent as including appellate attorney’s fees. The language of section 766.207(7) contemplates the award of attorney fees only for services rendered in the proceedings before the arbitration panel. The application of section 59.46 thus permits an award of appellate attorney’s fees to be paid by the hospital.
Accordingly, we affirm in all respects and remand for the determination and assessment by the arbitration panel of a reasonable attorney’s fee for the appellees on appeal.
JOANOS and VAN NORTWICK, JJ., CONCUR. . The hospital is a Florida close corporation.
. § 766.207, Fla. Stat. (1993) (Voluntary binding arbitration of medical negligence claims).
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Yell v. Healthmark OF Walton, Inc., 772 So. 2d 568 (Fla. 1st DCA 2000)…e of damages to binding arbitration pursuant to Section 766.207, Florida Statutes (1993). Yell accepted, and ultimately received an arbitration award. The award was affirmed here in an earlier appeal from Escambia County. Walton Reg’l Hosp. v. Yell, 744 So. 2d 1153 (Fla. 1st DCA 1999). The insurer, after admitting liability, filed suit for declaratory judgment in Walton County, seeking a judicial determination of whether its insurance policy provided coverage for Yell’s claim. The insurer later joined Yell in…