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McPHERSON v. PHILLIPS

No. 4D03-1332.

877 So.2d 755 (2004)

Ronda McPHERSON and John McPherson, her husband, Appellants, v. Leigh PHILLIPS, M.D., Appellee.

District Court of Appeal of Florida, Fourth District.

June 9, 2004.

Attorney(s) appearing for the Case

Louis Thaler of Louis Thaler, P.A., Coral Gables, for appellants.

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

ON MOTION FOR REHEARING

GROSS, J.

Ronda and John McPherson have moved for rehearing pursuant to Florida Rule of Appellate Procedure 9.330(a). Although we deny the motion for rehearing, we withdraw our per curiam affirmance and substitute the following opinion.

The McPhersons appeal a final judgment entered after a defense verdict in a medical malpractice action. We address three issues in this opinion: (1) the trial court's rulings under section...

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