Stolte v. Fagan

McFadden, Judge.

This is an appeal from the judgment entered on the defense verdict in a dental malpractice action. We affirmed in Stolte v. Fagan, 311 Ga. App. 123 (714 SE2d 339) (2012). In Stolte v. Fagan, 291 Ga. 477 (731 SE2d 653) (2012), our Supreme Court reversed and remanded. We therefore vacate our earlier decision.

The appellant enumerated refusal to strike certain prospective jurors for cause and failure to rebuke defense counsel after an objection to his closing argument had been sustained. As to both we held that we could not reach the merits, and as to both the Supreme Court…