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MILLER v. AFFLECK

No. 92-2766.

632 So.2d 79 (1993)

Helen Marie MILLER and Dale Wendell Miller, Appellants/Cross-Appellees, v. John H. AFFLECK, M.D., and Hodnette Medical Center Clinic D/B/a Medical Center Clinic, P.A., Appellees/Cross-Appellants.

District Court of Appeal of Florida, First District.

Opinion Denying Rehearing and Clarifying Decision January 20, 1994.

Attorney(s) appearing for the Case

Kerrigan, Estees, Rankin & McLeod, P.A., Pensacola, and Joel S. Perwin of Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami, for appellants/cross-appellees.

Richard B. Collins of Collins & Truett, Tallahassee, and Ralph O. Anderson of Hicks, Anderson & Blum, P.A., Miami, for appellee, John H. Affleck, M.D.

James M. Wilson of Wilson, Harrell & Smith, P.A., Pensacola, for appellees, Hodnette Medical Center and John Affleck, M.D.

WOLF, Judge.

Appellants, Helen Miller and Dale Miller, plaintiffs in the trial court, appeal from an order granting a new trial after the jury returned a verdict in favor of appellants in a medical malpractice action. Appellees, John H. Affleck, M.D., and Hodnette Medical Center d/b/a Medical Center Clinic, P.A., cross appeal alleging 1) that the trial court erred in not directing a verdict for the defendants, and 2) that the trial court abused its discretion in allowing...

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