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SPALDING v. ZATZ

No. 5D09-3451.

70 So.3d 692 (2011)

David M. SPALDING, M.D., Melbourne, etc., Appellant, v. Itzik ZATZ, Personal Representative, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

September 2, 2011.

Attorney(s) appearing for the Case

Shannon Kain and Irene Porter , of Hicks, Porter, Ebenfeld & Stein, P.A., Miami and Geoffrey D. Ringer , Robert D. Henry and Pierre J. Seacord , of Ringer, Henry, Buckley and Seacord, P.A., Orlando, for Appellant.

Philip M. Burlington , of Burlington & Rockenbach, P.A., West Palm Beach, and David M. Carter , of Gould, Cooksey, Fennell, P.A., Vero Beach, for Appellee.

LAWSON, J.

In this medical malpractice case, Dr. David Spalding and Melbourne Internal Medicine Associates, P.A. (collectively, "Defendants") appeal from an order granting a new trial to Itzak Zatz ("Plaintiff"), as personal representative of the estate of Margaret Zatz ("Mrs.Zatz"). The trial court granted a new trial based on its finding that one of Defendants' experts, Dr. Berlet, substantially changed his testimony on a critical causation issue from deposition...

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