Raymond H. CASTENHOLZ, M.D., Appellant/Cross-Appellee,
v.
Louise A. BERGMANN and Franklin Bergmann, her husband, Appellees/Cross-Appellants.
District Court of Appeal of Florida, Fourth District.
Peterson Bernard Vandenberg Zei Geisler & Martin, West Palm Beach, and Ralph O. Anderson of Hicks, Anderson & Blum, P.A., Miami, for appellant/cross-appellee.
Freiden & Ellenberg, P.A., Miami, and Jane Kreusler-Walsh of Jane Kreusler-Walsh, P.A., West Palm Beach, for appellees/cross-appellants.
POLEN, Judge.
Dr. Raymond H. Castenholz, the defendant below in a medical malpractice action, appeals *955 the trial court's order granting a new trial following a jury verdict in his favor. We affirm the grant of a new trial on the authority of De La Rosa v. Zequeira,
A new trial was granted after the trial court found four jurors, including one alternate juror, failed to disclose prior litigation history during voir dire. Applying the test of De La Rosa, the trial court determined the undisclosed information was relevant and material to jury service in the case, the jurors concealed the information during questioning, and the failure to disclose the information was not attributable to the Bergmanns' lack of diligence. De La Rosa,
Our review of the record does not disclose the "clear showing of an abuse of discretion," Blender v. Malecki,
SHAHOOD, J., and KOENIG, JULIE, Associate Judge, concur.
