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GIANOS v. BAUM

No. 4D05-3073.

941 So.2d 581 (2006)

Lois Lovett GIANOS, as Administrator Ad Litem of the Estate of Nick Gianos, deceased and on behalf of the survivors thereof, Appellant, v. Deborah R. BAUM, M.D. and Greene, Jacobson & Baum, M.D., P.A., Appellees.

District Court of Appeal of Florida, Fourth District.

November 15, 2006.

Attorney(s) appearing for the Case

Bard D. Rockenbach and Philip M. Burlington of Burlington & Rockenbach, P.A., West Palm Beach, and Robert T. Bergin, Jr. of Robert T. Bergin, Jr., P.A., West Palm Beach, for appellant.

Cayla B. Tenenbaum and Marlene S. Reiss of Stephens, Lynn, Klein, LaCava, Hoffman & Puya, P.A., Miami, for appellees.

PER CURIAM.

The appellant, Lois Lovett Gianos, as Administrator Ad Litem of the Estate of Nick Gianos, appeals from the trial court's order granting final judgment in favor of the Defendants, Deborah R. Baum, M.D. and Greene, Jacobson & Baum, M.D., P.A., in a medical malpractice case. We reverse and remand for a new trial because the trial court abused its discretion in prohibiting the plaintiff from commenting in closing argument that the defendant did not present...

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