Racoma v. Hannans

District Court of Appeal of Florida

Racoma v. Hannans

978 So. 2d 873, 2008 Fla. App. LEXIS 5502, 2008 WL 1734532

CourtDistrict Court of Appeal of Florida

DecidedApril 16, 2008

DocketNo. 2D06-792

StatusPublished

Cited by1 cases

This text of 978 So. 2d 873 (Racoma v. Hannans) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Racoma v. Hannans, 978 So. 2d 873, 2008 Fla. App. LEXIS 5502, 2008 WL 1734532 (Fla. Ct. App. 2008).

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Opinion

PER CURIAM.

Ireneo Racoma, Jr., M.D., and Franklin, Favata & Hulls, M.D.’s, P.A., appeal from the order granting Steffan L. Hannans a new trial after a jury rendered a verdict in favor of Dr. Racoma in an action for medical malpractice. We conclude that the trial court abused its discretion in ordering a new trial, and accordingly, we reverse and remand with directions to the trial court to reinstate the jury’s verdict. See § 59.041, Fla. Stat. (2005) (stating that “[n]o judgment shall be set aside or reversed, or new trial granted by any court of the state in any cause ... unless in the opinion of the court ... after an examination of the entire case it shall appear that the error complained of has resulted in a miscarriage of justice.”).

Reversed and remanded.

FULMER, SILBERMAN, and KELLY, JJ., Concur.

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PER CURIAM.

Ireneo Racoma, Jr., M.D., and Franklin, Favata & Hulls, M.D.’s, P.A., appeal from the order granting Steffan L. Hannans a new trial after a jury rendered a verdict in favor of Dr. Racoma in an action for medical malpractice. We conclude that the trial court abused its discretion in ordering a new trial, and accordingly, we reverse and remand with directions to the trial court to reinstate the jury’s verdict. See § 59.041, Fla. Stat. (2005) (stating that “[n]o judgment shall be set aside or reversed, or new trial granted by any court of the state in any cause ... unless in the opinion of the court ... after an examination of the entire case it shall appear that the error complained of has resulted in a miscarriage of justice.”).

Reversed and remanded.

FULMER, SILBERMAN, and KELLY, JJ., Concur.

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978 So. 2d 873, 2008 Fla. App. LEXIS 5502, 2008 WL 1734532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/racoma-v-hannans-fladistctapp-2008.

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