The chief judge of a Florida appellate court has found a panel with Miami-Dade Circuit Court’s appellate division erred in denying a Homestead physical therapy clinic’s motion for attorney fees against its former lawyer.

Third District Court of Appeal Chief Judge Kevin Emas wrote in an opinion issued Wednesday that the lower court inappropriately applied the law of the case doctrine — the rule binding trial courts to the decisions of appellate courts in legal proceedings — by not enforcing Florida Wellness & Rehabilitation Center Inc.’s motion for appellate attorney fees against Miami litigator Mark Feldman. The appeals panel held the circuit court incorrectly cited the Third DCA’s denial of a separate appeal by the rehabilitation center concerning attorney fees in justifying their ruling.

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