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Legal Opinion

Herman v. Intracoastal Cardiology Center

District Court of Appeal of Florida

Decided April 24, 2013No. 4D11-1214Published

1Opinion of the CourtTaylor, J.

Edward Herman, individually and as personal representative of the Estate of Miriam Herman, his late wife, timely appeals a final order dismissing his wrongful death medical malpractice lawsuit for fraud on the court. After a careful examination of the record, we conclude that this case fails to present the type of egregious misconduct or extreme circumstance which would warrant dismissal with prejudice and therefore reverse.

The Lawsuit

In November 1999, Miriam Herman filed a medical malpractice lawsuit against her cardiologist, Dr. Mitchell Silver, alleging that Dr. Silver caused her to go…

Also in this document: Concurrence.

2Cases cited12 opinions

  1. Salim Aoude v. Mobil Oil CorporationCourt of Appeals for the First Circuit · 1989
  2. Morgan v. CampbellDistrict Court of Appeal of Florida · 2002
  3. Jacob v. HendersonDistrict Court of Appeal of Florida · 2003
  4. Kornblum v. SchneiderDistrict Court of Appeal of Florida · 1992
  5. Ruiz v. City of OrlandoDistrict Court of Appeal of Florida · 2003

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