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I?V T;iE DISTRICT COURT OF AnPE~L O'~ THE S'L'ATE O~' FT,nRIOA
FOURTi: DISTRICT ~ JANUARY TER't 1980 r
£EE, P3RKER & LLOYD, P.A. and NOT FINAL UNTItTii`iC E?CP!RFS
OTIS R. PARK°R, JR, , ~ Tp FILE 3L~ti%AR11~G FE7ITION
Appellants, A~• IF F11.i:D, D':~~`QSED OF.
v• Case too. 77-1499.
JO:?'I B. SULLIVAN, M. D. and -
JA`IES r, TERRY, et al. ,
Appellees.
Opinion filed January 30, 1980
Appeal from the Circuit Court for
St. Lucie County; Royce R. Lewis, -
Judge. -
Larry Klein and Adams, Sullivan,
Coogler, tVatson & S?Rith, and
Ste?hen C. :~IcAliley of Brennan,
ttcAliley, Albury & Hayskar, West
Palr.~ Beach; for appellants. .
Ellis S. Rubin, :Miami, for apvEllee,
John B. Sullivan, M.D.
IlOORE , J . ~
This is an appeal and cross-appeal.fram a final judgment
entered after a jury verdict ~n a malicious prosecution action.
The action was brought by John Sullivan, a medical doctor, against
his former patient, James '"erry, and the patient's la~.~yers, the
fire of Fee, Parker an3_Lloj~d, P:.A., and Otis Parker, individually.
Dr. Sullivan alleged that Terry and Parker had maliciously pro-
secsted a medical malpractice action against him for his treatment
of Terrv. That medical malpractice action was voluntarily dis-
:pissed prior to trial. The essence of Dr. Sullivan's complaint
here was that Terri and Parker did not have probable cause to sue
i
hir.. for medical malpractice.
The jury returnee: a verdict in Favor of_ Sullivan in ~
the a.*.tount of $17:.,00 against Pa*_-ker and his lacy fir^i and found
ferry not liable.- After the trial court:. ordered a remittitur
in the amount of $100,000, final judgment ryas entere3 for Sullivan
for $7,000 plus costs against Parker and his firm. They appeal
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