HERMAN v. INTRACOASTAL CARDIOLOGY CENTER

No. 4D11-1214.

121 So.3d 583 (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.

Rehearing and Rehearing En Banc Denied September 26, 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 and Nancy A. Lauten 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.


ON MOTION FOR REHEARING

LEVINE, J.

We grant appellees' motion for rehearing, withdraw our previous opinion, and substitute the following in its place.

The issue presented for our review is whether the trial court erred in granting a motion to dismiss based upon the commission of fraud upon the trial court. We find that the trial court did not err since there was competent, substantial evidence to support the trial court's decision. We find...

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