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HERMAN v. INTRACOASTAL CARDIOLOGY CENTER

No. 4D11-1214.

125 So.3d 894 (2013)

Edward HERMAN, individually, and as Personal Representative of the Estate of Miriam Herman, his wife, Appellants, v. INTRACOASTAL CARDIOLOGY CENTER, Mitchell D. Silver, M.D., individually, and Mitchell D. Silver, M.D., P.A., Appellees.

District Court of Appeal of Florida, Fourth District.

April 24, 2013.

Attorney(s) appearing for the Case

Mark S. Weinstein of Weinstein & Weinstein, P.A., Weston, and Roy D. Wasson of Wasson & Associates Chartered, Miami, and George A. Vaka of Vaka Law Group, Tampa, for appellants.

Scott L. Mendlestein and Tiffany A. Hiller of Falk, Waas, Hernandez, Cortina, Solomon & Bonner, P.A., Coral Gables, and Rose Marie Antonacci-Pollack of Falk, Waas, Hernandez, Cortina, Solomon & Bonner, P.A., Fort Lauderdale, for appellees.

TAYLOR, J.

Edward Herman, individually and as personal representative of the Estate of Miriam Herman, his late wife, timely appeals a final order dismissing his wrongful death medical malpractice lawsuit for fraud on the court. After a careful examination of the record, we conclude that this case fails to present the type of egregious misconduct or extreme circumstance which would warrant dismissal with prejudice and therefore reverse.

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