Pendley v. Shands Teaching Hosp. and Clinics, Inc.

• Decision Date: 15 December 1992
• Docket Number: No. 91-03735,91-03735
• Citation: 609 So.2d 171
• Parties: 18 Fla. L. Week. D39 Delmar W. PENDLEY, as Personal Representative of the Estate of Audrey Lee Pendley, deceased, Appellant v. SHANDS TEACHING HOSPITAL AND CLINICS, INC., and Anderson and Wright, P.A., Appellees.
• Court: Florida District Court of Appeals

Page 171

609 So.2d 171

18 Fla. L. Week. D39

Delmar W. PENDLEY, as Personal Representative of the Estate of Audrey Lee Pendley, deceased, Appellant v. SHANDS TEACHING HOSPITAL AND CLINICS, INC., and Anderson and Wright, P.A., Appellees.

No. 91-03735.

District Court of Appeal of Florida, First District.

Dec. 15, 1992.

An Appeal from the Circuit Court for Alachua County; Chester B. Chance, Judge.

William C. Gentry and P. Scott Russell, IV, of Gentry and Phillips, P.A., Jacksonville, and Craig F. Hall, of Hall & Hall, P.A., Gainesville, for appellant.

Michael W. Johnson, Ocala, for appellee Anderson & Wright, P.A.

PER CURIAM.

This cause is before us on appeal from an order enforcing compliance with an earlier order awarding costs. The order appealed from required appellant and his counsel, jointly and severally, to pay directly to appellee Anderson & Wright, P.A. costs which had been awarded under a previous order. Reference is made to Shands Teaching Hospital and Clinics, Inc. v. Pendley, 577 So.2d 632 (Fla. 1st DCA 1991), and Pendley v. Shands Teaching Hospital and Clinics, Inc., 577 So.2d 642 (Fla. 1st DCA 1991), for the history of this unfortunate dispute. We hold the trial court abused its discretion in entering the order appealed from and in denying appellant's motion for rehearing and motion to permit interpleader. See Wallace v. Townsell, 471 So.2d 662 (Fla. 5th DCA 1985); Fla.R.Civ.P. 1.240. We remand this case with instructions to permit interpleader of the disputed funds.

BOOTH, SHIVERS and WEBSTER, JJ., concur.