DERRICK WEBSTER, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MERRITA WEBSTER vs SHELLEY C. GLOVER, M.D., SOUTH LAKE HOSPITAL, INC., INTUITIVE SURGICAL, INC., INDEPENDENT CLINICAL LABORATORIES, INC. D/B/A TAMPA PATHOLOGY LABORATORY AND JOSE V. SUAREZ-HOYOS, M.D.

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED DERRICK WEBSTER, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MERRITA WEBSTER, Appellant, v. Case No. 5D19-730 SHELLEY C. GLOVER, M.D., SOUTH LAKE HOSPITAL, INC., INTUITIVE SURGICAL, INC., INDEPENDENT CLINICAL LABORATORIES, INC. D/B/A TAMPA PATHOLOGY LABORATORY AND JOSE V. SUAREZ-HOYOS, M.D., Appellees. ________________________________/ Opinion filed May 15, 2020 Appeal from the Circuit Court for Lake County, G. Richard Singeltary, Judge. Christopher V. Carlyle, of The Carlyle Appellate Law Firm, Orlando, for Appellant. Jason M. Azzarone, Louis J. La Cava, and James D. Wetzel, of La Cava & Jacobson, P.A., Tampa, for Appellee Shelley C. Glover, M.D. No Appearance for other Appellees. PER CURIAM. AFFIRMED. See Health First, Inc. v. Cataldo, 92 So. 3d 859, 869 (Fla. 5th DCA 2012) (“We strongly disapprove of the tactics used during [Appellee’s] closing argument. We find, however, that the trial court did not abuse its discretion by refusing to order a new trial. We cannot say under Murphy’s fourth prong that the arguments ‘so damaged the fairness’ of the trial as to require a new trial.” (quoting Murphy v. Int’l Robotic Sys., Inc., 766 So. 2d 1010, 1030 (Fla. 2000))). HARRIS, GROSSHANS and TRAVER, JJ., concur. 2

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