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Cenatus v. Carley

District Court of Appeal of Florida, Second District
Oct 6, 2000
777 So. 2d 993 (Fla. Dist. Ct. App. 2000)

Opinion

Case No. 2D99-4494

Opinion filed October 6, 2000.

Appeal from the Circuit Court for Collier County; Charles T. Carlton, (Senior) Judge.

Marc Cooper of Colson Hicks Eidson, Coral Gables; and Grover, Weinstein Trop, Miami Beach, for Appellant.

Dinah Stein and Mark Hicks of Hicks, Anderson Kneale, P.A., Miami; and Bunnell, Woulfe, Keller Gillespie, P.A., Ft. Lauderdale, for Appellee.


Leonne Cenatus, as natural parent and next friend of David Pierre, her son, appeals a final judgment following a jury verdict in favor of Dr. Lawrence J. Carley in this medical malpractice action. This is the second time that this case is before our court. See Cenatus v. Naples Community Hosp., 689 So.2d 302 (Fla. 2d DCA 1997) (affirming as to some appellee-defendants but reversing and remanding for new trial as to Dr. Carley). Appellant again seeks a new trial, this time as a result of an improper question posed by counsel for Dr. Carley. We conclude that as a result of the trial court's curative instruction and because the subject did not become a feature of trial, the improper question constituted harmless error. Thus, the trial court did not abuse its discretion in denying a mistrial or new trial. Accordingly, we affirm.

Affirmed.

GREEN and SALCINES, JJ., Concur.


Summaries of

Cenatus v. Carley

District Court of Appeal of Florida, Second District
Oct 6, 2000
777 So. 2d 993 (Fla. Dist. Ct. App. 2000)
Case details for

Cenatus v. Carley

Case Details

Full title:LEONNE CENATUS, as natural parent and next friend of DAVID PIERRE…

Court:District Court of Appeal of Florida, Second District

Date published: Oct 6, 2000

Citations

777 So. 2d 993 (Fla. Dist. Ct. App. 2000)