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ROSE v. FIEDLER

No. 4D01-2856.

921 So.2d 720 (2006)

Beatrice ROSE, Appellant, v. Michael W. FIEDLER, M.D.; Charles M. Fischman, M.D.; Fischman & Borgmeier, M.D., P.A.; Omar David Hussamy, M.D.; Omar D. Hussamy, M.D., P.A.; and Coastal Orthopedic Center, Appellees.

District Court of Appeal of Florida, Fourth District.

February 15, 2006.

Attorney(s) appearing for the Case

Donald Alan Tobkin, and Richard A. Barnett of Richard A. Barnett, P.A., Hollywood, for appellant.

Jennifer S. Carroll and Diane F. Medley of the Law Offices of Jennifer S. Carroll, P.A., Palm Beach Gardens, and Lewis W. Murphy of Moss, Henderson, Blanton, Lanier, Kretschmer & Murphy, P.A., Vero Beach, for appellees Charles M. Fischman, M.D., and Fischman & Borgmeier, M.D., P.A.

Robert D. Henry of Ringer, Henry, Buckley & Seacord, P.A., Orlando, for appellees Omar David Hussamy, M.D., Omar D. Hussamy, M.D., P.A., and Coastal Orthopedic Center.

ON MANDATE FROM THE SUPREME COURT

STEVENSON, C.J.

This case initially came to this court when a medical malpractice plaintiff appealed from a directed verdict entered in favor of the defendant physicians as a sanction for her trial counsel's misbehavior. Upon review, we held the record did not support a finding that the plaintiff herself participated in the misconduct and, absent such client participation, the imposition of a sanction that was tantamount...

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