McDONALD v. PICKENS

No. 88-1126.

544 So.2d 261 (1989)

Colvin W. McDONALD, As Personal Representative of the Estate of Casey W. McDonald, a Deceased Minor Child, Appellant, v. Conlee PICKENS, M.D., and Hodnette Medical Center Clinic, P.A., a Florida Professional Association D/B/a Medical Center Clinic, P.A., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied June 26, 1989.


Attorney(s) appearing for the Case

Stanley Bruce Powell of Powell, Jones & Reid, Niceville, for appellant.

James M. Wilson of Harrell, Wiltshire, Swearingen, Wilson & Harrell, P.A., Pensacola, for appellees.


MINER, Judge.

The sole issue presented in this timely appeal is whether the trial court erred in denying plaintiff/appellant's motion for a new trial, which motion was based upon evidence, discovered after the verdict, of a defense witness's allegedly false testimony. Finding that the trial judge did not abuse his discretion in denying the motion for new trial, we affirm.

In September of 1985, plaintiff/appellant, Colvin McDonald, filed a medical malpractice...

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