Opinion
No. 84-2430.
January 29, 1986.
Appeal from the Circuit Court for Broward County; Robert L. Andrews, Judge.
Sheldon J. Schlesinger, P.A., Ft. Lauderdale, and Joel D. Eaton of Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow Olin, P.A., Miami, for appellants.
Carey L. Ewing of Barwich Dillian, P.A., Miami Shores, for appellees.
Having reversed the judgment in Case No. 84-857 in favor of the appellees, Alirio Rojas, M.D., and Alirio Rojas, M.D., P.A., and remanded for a new trial on the merits, it follows that attorney's fees awarded to appellees as prevailing parties in a malpractice action under Section 768.56, Florida Statutes (1983), must also be reversed.
Reversed.
DOWNEY and WALDEN, JJ., and WESSEL, JOHN D., Associate Judge, concur.