TEJADA v. ROBERTS

No. 3D99-1432.

760 So.2d 960 (2000)

Francisco TEJADA, M.D., Francisco Tejada, M.D., F.A.C.P., P.A., and Francisco Tejada, M.D., F.A.C.P., P.A., d/b/a American Oncology Centers, Inc., Appellants, v. Lucille ROBERTS, personally and as personal representative of the Estate of Frederick Roberts, Deceased, Appellee.

District Court of Appeal of Florida, Third District.

Opinion Granting Clarification May 3, 2000.


Attorney(s) appearing for the Case

Wicker, Smith, Tutan, O'Hara, McCoy, Graham & Ford, P.A., and Shelley H. Leinicke, Fort Lauderdale, for appellants.

Gaebe, Murphy, Mullen & Antonelli and David Kleinberg, Coral Gables, for appellee.

Before JORGENSON, COPE and LEVY, JJ.


COPE, J.

After an adverse judgment in a medical malpractice case, plaintiff-appellee Lucille Roberts moved for a new trial on the ground that two jurors had failed to disclose prior litigation history. The trial court interpreted the case law as requiring a new trial when there has been a nondisclosure, even if there has been no showing of prejudice to the moving party. The court granted the new trial but invited the parties to seek clarification of the applicable...

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