
    John T. GRIGG, M.D., Appellant, v. Sam KAPELL, as Personal Representative of the Estate of Steven Kapell, Appellee.
    No. 87-2665.
    District Court of Appeal of Florida, Fourth District.
    Jan. 24, 1990.
    Rehearing Denied Feb. 27, 1990.
    Robert M. Klein and Deborah J. Snow of Stephens, Lynn, Klein & McNicholas, P.A., Miami, for appellant.
    Richard J. Roselli of Krupnick, Campbell, Malone & Roselli, P.A., Fort Lauderdale, and John Beranek of Klein, Beranek & Walsh, P.A., West Palm Beach, for appel-lee.
   PER CURIAM.

AFFIRMED.

LETTS, and STONE, JJ., concur.

WALDEN, J., dissents with opinion.

WALDEN, Judge,

dissenting.

I respectfully dissent because in my view the trial court, in light of the record and law, was not authorized to grant Plaintiff a new trial in this medical malpractice action.  