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RUSS v. SILBIGER

No. 4D07-61.

988 So.2d 80 (2008)

Hope M. RUSS, as Personal Representative of the Estate of Roy R. Russ, deceased, Appellant, v. RANDAL SILBIGER, M.D., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 8, 2008.

Attorney(s) appearing for the Case

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

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

PER CURIAM.

Hope M. Russ, as personal representative of the estate of Roy R. Russ, appeals the trial court's denial of her motion for new trial in her medical malpractice action against Randal Silbiger, M.D. We affirm because appellant waived any argument based on juror misconduct by failing to join in Dr. Silbiger's motion for mistrial made on the same grounds.

Appellant sued Dr. Silbiger alleging that Dr. Silbiger negligently breached his duty

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