DONES v. MOSS

No. 2D03-3118.

884 So.2d 230 (2004)

Martin DONES, M.D. and Morton Plant/Mease Primary Care, Inc., Appellants, v. Roberta MOSS, Personal Representative of the Estate of Steven Michael Moss, Deceased; and Luis Logrono, M.D., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 14, 2004.


Attorney(s) appearing for the Case

Richard B. Mangan, Jr. and R. Clifton Acord, II, of Rissman, Weisberg, Barrett, Hurt, Donahue & McLain, P.A., Tampa, for Appellants.

J. Emory Wood of Wood & Associates, P.A., St. Petersburg, for Appellee Roberta Moss, Personal Representative of the Estate of Steven Michael Moss, Deceased.

No appearance for Appellee Luis Logrono, M.D.


SILBERMAN, Judge.

Martin Dones, M.D., and Morton Plant/Mease Primary Care, Inc., challenge the trial court's order granting a new trial to Roberta Moss, personal representative of the estate of Steven Michael Moss. The trial court granted a new trial based on two evidentiary rulings that it had made during trial. Because the record does not demonstrate that the rulings substantially prejudiced Ms. Moss, resulting in a miscarriage of justice, we reverse and remand...

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