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SHOAF v. GEILING

No. 5D05-3384.

960 So.2d 41 (2007)

Sandra SHOAF and James Shoaf, etc., Appellants, v. Michael GEILING, D.O., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 18, 2007.

Attorney(s) appearing for the Case

Jay M. Levy, of Jay M. Levy, P.A., Miami, and John Elliott Leighton, Patricia M. Kennedy and Mark A. Sylvester, of Leesfield, Leighton & Partners, Miami, and John Fisher and Lora Dunlap of Fisher, Rushmer, Werenrath, Dickson, Talley & Dunlap, P.A., Orlando, for Appellant.

Mark Hicks and Dinah S. Stein, of Hicks & Kneale, P.A., Miami, and Thomas Dukes, of McEwan, Martinez & Dukes, Orlando, and Pierre J. Seacord of Ringer, Henry, Buckley & Seacord, P.A., Orlando, for Appellee.

PER CURIAM.

Sandra and James Shoaf, individually and as next friends of their daughter, Raven Shoaf, (collectively referred to as "the Shoafs"), appeal an Order Granting Motion for New Trial in the underlying medical malpractice action. Although we are reluctant to have a three week trial retried, the trial court's ruling on such a motion will not be disturbed in the absence of a clear showing of abuse of discretion. The trial judge is better positioned to fully comprehend...

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