Pardell v. Humana Medical Plan, Inc.

Full title: HERBERT PARDELL, D.O., APPELLANT, v. HUMANA MEDICAL PLAN, INC., APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: May 21, 1991

580 So. 2d 286 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-2829.

May 21, 1991.

Appeal from the Circuit Court for Dade County, Martin Greenbaum, J.

Mershon, Sawyer, Johnston, Dunwody Cole and Philip A. Allen, III, Miami, for appellant.

Conrad, Scherer James and Susan L. Dolin, Ft. Lauderdale, for appellee.

Before HUBBART, BASKIN and COPE, JJ.

PER CURIAM.

Assuming that the point is not foreclosed by the law of the case doctrine, we conclude that a health maintenance organization which conducts peer review of physicians under section 766.101, Florida Statutes (1989), is a "person" entitled to attorney's fees and costs as a prevailing defendant under paragraph 766.101(6)(a). See § 1.01(3), Fla. Stat. (1989).

Affirmed.