Kaufman v. MacDonald

• Decision Date: 26 April 1989
• Docket Number: 88-1363,Nos. 87-2413,s. 87-2413
• Citation: 545 So.2d 913,14 Fla. L. Weekly 1031
• Parties: 14 Fla. L. Weekly 1031 Gerald S. KAUFMAN, D.P.M., and Gerald S. Kaufman, D.P.M., P.A., Appellants, v. Patricia MACDONALD, Appellee.
• Court: Florida District Court of Appeals

Page 913

545 So.2d 913

14 Fla. L. Weekly 1031

Gerald S. KAUFMAN, D.P.M., and Gerald S. Kaufman, D.P.M., P.A., Appellants, v. Patricia MACDONALD, Appellee.

Nos. 87-2413, 88-1363.

District Court of Appeal of Florida, Fourth District.

April 26, 1989.

Consolidated appeals from the Circuit Court for Broward County; Frank A. Orlando, Judge.

Richard A. Sherman and Rosemary B. Wilder of Richard A. Sherman, P.A., Fort Lauderdale, for appellants.

Gary M. Farmer of Gary M. Farmer, P.A., Fort Lauderdale, for appellee.

PER CURIAM.

We sua sponte consolidate these two appeals, both arising out of the same medical malpractice action. We affirm on the merits of the main appeal, finding that no reversible error has been demonstrated. We do not believe the record supports, for instance, appellants' claim that they were prejudiced by the court's instructions to the jury or the form of the verdict.

We also affirm the award of attorney's fees to the appellee, but certify the issue raised to the supreme court as a question of great public importance.

Does the holding in Florida Patient's Compensation Fund v. Rowe, 472 So.2d 1145 (Fla.1985) preclude an attorney's fee in a medical malpractice action above the percentage amount set out in the contingency fee agreement between claimant and her counsel, where the agreement provides that the fee upon recovery shall be the higher of the percentage amount or an amount awarded by the court?

ANSTEAD, LETTS and GARRETT, JJ., concur.