D'ANGELO v. FITZMAURICE

No. 2D01-1789.

832 So.2d 135 (2002)

Philip C. D'ANGELO, M.D., and Philip C. D'Angelo, M.D., P.A., Appellants/Cross-Appellees, v. John J. FITZMAURICE and Carol M. Fitzmaurice, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 18, 2002.


Attorney(s) appearing for the Case

Esther E. Galicia of George, Hartz, Lundeen, Fulmer, Johnstone, King & Stevens, Fort Lauderdale, for Appellants/Cross-Appellees.

Joel D. Eaton of Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami; and, Wagner, Vaughn & McLaughlin, P.A., Tampa, for Appellees/Cross-Appellants.


BLUE, Chief Judge.

Dr. Phillip D'Angelo appeals from an adverse jury verdict in a medical malpractice action, raising five issues for our consideration. We affirm the first four issues, concluding there was no error requiring the jury verdict to be overturned. In his fifth issue, Dr. D'Angelo appeals the trial court's determination of the set-off from an alleged joint tortfeasor that settled before trial. The Fitzmaurices cross-appeal the same set-off order. With...

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