Cruz v. Angelides

This is an appeal by the plaintiff Gerardo Cruz from an adverse final judgment on the pleadings in an action heretofore unrecognized under Florida law. The plaintiff Cruz sued his treating physician, the defendant Alexander Angelides, M.D., for breach of a fiduciary duty based solely on the fact that Dr.- Angelides gave a sworn pretrial affidavit and a video deposition at trial in which he expressed expert medical opinion favorable to the defendant in a prior medical malpractice action brought by the plaintiff against another medical doctor, which action resulted in a defense verdict. The…