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NAZARETH v. SAPP

No. 83-1293.

459 So.2d 1088 (1984)

Richard N. NAZARETH, M.D., Appellant, v. Carolyn SAPP and James Sapp, Her Husband, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 6, 1984.

Attorney(s) appearing for the Case

Ronald L. Harrop of Gurney & Handley, P.A., Orlando, for appellant.

T.G. LaGrone, Orlando, for appellees.

COBB, Chief Judge.

Following a jury trial resulting in a defense verdict, the trial judge granted the plaintiffs' motion for new trial based upon his perception of trial misconduct by defense counsel. The trial court found:

That a new trial should be granted in this cause on the grounds (1) that the jury's verdict was influenced by matters outside the record; including the personal opinions of defense counsel;...

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