Dobek v. Ans

Full title: ROXANNE DOBEK AND DAVID DOBEK, INDIVIDUALLY, APPELLANTS, v. DR. YVETTE…

Court: District Court of Appeal of Florida, Fourth District

Date published: Apr 25, 1990

560 So. 2d 330 (Fla. Dist. Ct. App. 1990)

Opinion

No. 88-2383.

April 25, 1990.

Appeal from the Circuit Court for Broward County; George A. Shahood, Judge.

R. Fred Lewis of Magill Lewis, P.A., Miami, for appellants.

James Demet of Klein Tannen, P.A., North Miami Beach, for appellees-Dr. Yvette Ans, Ans, Rubin, Ans Flax, M.D., P.A.

John S. Neely, Jr., Harold A. Saul, and Dominic C. MacKenzie of Fleming, O'Bryan Fleming, Fort Lauderdale, for appellee-Florida Patient's Compensation Fund.

PER CURIAM.

This is a companion appeal to Dobek v. Ans, 560 So.2d 328 (Fla. 4th DCA 1990). We affirm the order awarding attorney's fees as to the appellees Dr. Yvette Ans and Ans, Rubin, Ans Flax, M.D., P.A. The appellants failed to demonstrate that they are either insolvent or poverty stricken, or that the trial court abused its discretion.

However, we do not reach the issues as to the appellee, The Florida Patient's Compensation Fund, as they are prematurely raised and not ripe for review. Therefore, The Florida Patient's Compensation Fund is dismissed from this appeal without prejudice.

GUNTHER, STONE and POLEN, JJ., concur.