Paranzino v. Berger

Full title: JOYCE PARANZINO, Appellant, v. SCOTT BERGER, M.D., Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Dec 22, 1999

No. 97-3216 (Fla. Dist. Ct. App. Dec. 22, 1999)

Opinion

No. 97-3216.

Opinion filed December 22, 1999.

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; S. Joseph Davis, Senior Judge; L.T. No. 95-7688 AE.

Jay M. Levy of Jay M. Levy, P.A., Miami and Paul Sack of Sack Gladstein, Miami Beach, for appellant.

Michael J. Compagno of Carlton, Fields, Ward, Emmanuel, Smith Cutler, P.A., West Palm Beach, for appellee.

ON MOTION FOR CLARIFICATION

SHAHOOD, J.

We grant appellee's motion for clarification of our December 9, 1998 opinion in the above-styled case. We affirm the lower court's dismissal of appellant's case with prejudice. We remand with directions for the trial court to conduct an evidentiary hearing solely on the propriety of the trial court's award of sanctions against appellant under section 766.206, Florida Statutes.

DELL and GROSS, JJ., concur.

NOT FINAL UNTIL THE DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.