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GORDON v. MARVIN M. ROSENBERG, D.D.S.

No. 93-3227.

654 So.2d 643 (1995)

Robert GORDON, Appellant, v. MARVIN M. ROSENBERG, D.D.S., P.A., and Marvin M. Rosenberg, individually, Appellee.

District Court of Appeal of Florida, Fourth District.

May 10, 1995.

Attorney(s) appearing for the Case

Jerald C. Cantor of Engelberg, Cantor & Kushner, P.A., Hollywood, for appellant.

Shelley H. Leinicke of Wicker, Smith, Tutan, O'Hara, McCoy, Graham & Lane, P.A., Fort Lauderdale, for appellee.

POLEN, Judge.

We reverse the final judgment of the trial court entered after jury trial in this dental malpractice case. Before trial, plaintiff Gordon had settled a portion of his claim with the defendant dentist, Dr. Newman, for $24,999. He proceeded to trial against the defendant periodontist, Dr. Rosenberg, and the jury awarded damages in the amount of $30,000. Over objection, the trial court set off the $24,999 settlement...

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