5D04-368 Rudolf v. Gray, Harris Robinson

State: Florida

Court: Florida Fifth District Court

Docket No: 5D04-368

Case Date: 05/16/2005

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2005

DONALD B. RUDOLF, M.D., ET AL., Appellants, v. GRAY, HARRIS & ROBINSON, P.A., ET AL., Appellees. __________________________________________/ Opinion filed May 20, 2005 Appeal from the Circuit Court for Orange County, Jay Paul Cohen, Judge. E. Clay Parker, of the Law Offices of E. Clay Parker and H. Clay Parker, Parker & Associates, P.A. Orlando, for Appellants. Eli H. Subin of Holland & Knight LLP, Orlando, for Appellees David L. Schick and Gray, Harris & Robinson, P.A. H. David Luff of Law Offices of H. David Luff, P.A., Orlando, for Appellee Anesthesiologists of Central Florida, M.D., P.A. ON MOTION FOR CLARIFICATION REGARDING FEES SHARP, W., J. We grant the motion for clarification as follows. This court has determined that appellee is entitled to appellate attorney's fees pursuant to section 768.79, Florida Statutes and Florida Rule of Civil Procedure 1.442, conditioned upon the trial court Case No. 5D04-368

determining that the offer of judgment was properly made and submitted and that appellee is otherwise entitled to fees pursuant to section 768.79, Florida Statutes and Florida Rule of Civil Procedure 1.442. Appellee is not entitled to appellate attorney's fees pursuant to section 57.105, Florida Statutes. Motion for Clarification GRANTED.

THOMPSON and GRIFFIN, JJ., concur.

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