SCHLAPPER v. MAURER

No. 95-877.

687 So.2d 982 (1997)

Brent D. SCHLAPPER, D.O., et al., Appellants, v. Michael MAURER, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

February 19, 1997.


Attorney(s) appearing for the Case

Jeffrey S. Badgley of Sanders, McEwan, Martinez, Luff & Dukes, P.A., Orlando, for Appellants.

Larry Sands of Sands, White & Sands, P.A., Daytona Beach, for Appellees.


W. SHARP, Judge.

Dr. Schlapper appeals from a non-final order vacating a final summary judgment, which had dismissed Dr. Schlapper as a party from a medical malpractice case. The Maurers (Michael and his wife, Mary Jane) filed a motion pursuant to Florida Rule of Procedure 1.540(b) to set aside the summary final judgment on the ground that Dr. Schlapper's attorney misrepresented a crucial fact to the Maurers' attorney, prior to the summary judgment, and in reliance...

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