Legal Opinion

Penalver, M.D. v. Masomere

District Court of Appeal of Florida

Decided November 4, 2015No. 3D14-2193PublishedCited by 2 opinions

1Opinion of the CourtFernandez, J.

Petitioners Manuel A. Penalver, M.D., and 21st Century Oncology, LLC, petition this Court for a Writ of Certiorari, quashing the trial court’s August 14, 2014 order granting respondent Netsai Masomere’s motion for post-trial juror interviews. Because the jurors’ litigation histories were immaterial and irrelevant to jury service in this case, we grant certiorari and quash the trial court’s order.

Masomere brought the underlying medical malpractice action against Dr. Penalver and -21st Century Oncology, LLC, alleging that Dr; Penalver negligently performed surgery on her. During voir dire, some…

2Cases cited10 opinions

  1. De La Rosa v. ZequeiraSupreme Court of Florida · 1995
  2. Baptist Hosp. of Miami, Inc. v. MalerSupreme Court of Florida · 1991
  3. Roberts Ex Rel. Estate of Roberts v. TejadaSupreme Court of Florida · 2002
  4. State Farm Fire and Cas. Co. v. LevineSupreme Court of Florida · 2002
  5. Brown v. StateDistrict Court of Appeal of Florida · 1989

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3Cited by2 opinions

  1. Children's Medical Center, P.A. v. Jakyung KimDistrict Court of Appeal of Florida · 2017
  2. Laycock v. TMS Logistics, Inc.District Court of Appeal of Florida · 2017

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