Physicians Protective Trust Fund v. Katona (545 So. 2d 968, 1989)

Florida District Court of Appeal 1989-07-07

Citations

Full opinion text

PER CURIAM.

AFFIRMED.

LETTS and STONE, JJ., concur.

ANSTEAD, J., dissents with opinion.

ANSTEAD, Judge,

dissenting.

I believe there is at least an issue of fact as to whether the appellee Katona accepted counsel provided by appellant for defense of the underlying malpractice action. Cf. Allstate Ins. Co. v. M.H., 681 F.Supp. 811 (S.D. Fla.1988). Hence, it was error for the trial court to resolve this issue by summary judgment.