Marquez

INTRODUCTION

After the jury returned a verdict in favor of plaintiff George Marquez, Jr., a minor, 1 in a medical malpractice action against Guillermo Gomez, M.D., the trial court entered an

order approving compromise, which included $158,000 in attorney fees. Several months

later, the trial court conducted an OSC1 hearing regarding reducing the attorney fees

award and, over plaintiff’s attorney’s objection, ordered the fees reduced to $99,416.67.

The balance, $58,583.33, was ordered deposited in the minor’s blocked account.

Plaintiff’s attorneys, Nathaniel Friedman and Nathaniel Friedman, a professional

corporation (Friedman), appeal the trial court order entered on October 3, 2012, revoking

the May 3, 2012 order approving compromise.2 Friedman contends the trial court lacked

jurisdiction to reconsider and modify the order approving compromise, was estopped

from reducing the original attorney fees award, and erred in reducing the attorney fees

award based on MICRA.3 Friedman also argues that the judge who reconsidered and

reduced the attorney fees award, did not have authority to reconsider the order of another

judge in the same court. Friedman urges this court to…