BERNAL v. LIPP

No. 89-2230.

562 So.2d 848 (1990)

Rosa J. BERNAL and Jose M. Bernal, Appellants, v. Donald H. LIPP, D.P.M., and Donald H. Lipp, D.P.M., P.A., Appellees.

District Court of Appeal of Florida, Third District.

June 19, 1990.


Attorney(s) appearing for the Case

Hinshaw, Culbertson, Moelmann, Hoban & Fuller, and John E. Herndon, Jr., Miami, for appellants.

Levine & Lygnos, and Arthur Joel Levine and Rick Silverman, Fort Lauderdale, for appellees.

Before COPE, GERSTEN and GODERICH, JJ.


COPE, Judge.

Rosa and Jose Bernal appeal an adverse final judgment in their action for professional negligence against appellee Donald Lipp. After trial, the Bernals submitted a motion to interview one juror under Rule 1.431(h), Florida Rules of Civil Procedure, and a motion for new trial, contending that the juror had failed to disclose, when asked on voir dire, that he had previously been a defendant in a personal injury action. The trial court initially granted...

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