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BEVERLY HEALTH & REHAB. v. FREEMAN EX REL. FREEMAN

No. 96-04592.

709 So.2d 549 (1998)

BEVERLY HEALTH AND REHABILITATION SERVICES, INC., f/k/a Beverly Enterprises-Florida, Inc., d/b/a Beverly Gulf Coast-Florida, Inc., Appellant, v. Ralph T. FREEMAN, By and Through Ruth G. FREEMAN, Guardian of his Property, and Ruth G. Freeman, individually, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 4, 1998.

Attorney(s) appearing for the Case

Betsy E. Gallagher of Gallagher & Howard, Tampa, and Margaret J. Babb of Proskauer, Rose, Goetz & Mendelsohn, LLP, Washington, DC, for Appellant.

James L. Wilkes, II, and Edward J. Lyons of Wilkes & McHugh, P.A., Tampa, for Appellees.

ALTENBERND, Judge.

Beverly Health and Rehabilitative Services, Inc. (Beverly Health), appeals an order granting a new trial to the plaintiff, Ralph T. Freeman, in an action pursuant to section 400.023, Florida Statutes (1993), for damages allegedly resulting from violations of Mr. Freeman's rights as a nursing home resident. The trial court granted a new trial on the ground that the verdict was inadequate because it awarded no damages. We reverse because the jury...

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