Jane Doe v. John David Rosdeutscher, M.D., et al.

This is the second appeal arising from a lawsuit in which the plaintiff alleges the defendants engaged in tortious conduct and committed breach of contract when they filed certain medical records into the record of a separate healthcare liability lawsuit. The plaintiff is the same in both cases as are two of the defendants. The defendants’ motion to dismiss was granted, and sanctions were imposed against the plaintiff’s attorney. The plaintiff appealed to this Court, and we affirmed. We also deemed the appeal to be frivolous and awarded the defendants attorneys’ fees and costs incurred litigating the appeal. Upon remand, the trial court calculated the attorneys’ fees and costs incurred and the plaintiffs subsequently filed this appeal. Finding that our award of fees in the prior appeal became the law of the case, we affirm.