ARNOLD SALNAVE AND RAMONA SALNAVE, HIS WIFE, AS PARENTS AND NEXT FRIENDS OF SYLVAIN SALNAVE, A MINOR, AND RAMONA SALNAVE, INDIVIDUALLY, APPELLANTS,
v.
PUBLIC HEALTH TRUST OF DADE COUNTY, D/B/A JACKSON MEMORIAL HOSPITAL AND UNIVERSITY OF MIAMI D/B/A UNIVERSITY OF MIAMI SCHOOL OF MEDICINE, APPELLEES
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PER CURIAM.
The plaintiffs, the Salnaves, appeal an order denying their motion for a new trial subsequent to a jury verdict in favor of the defendants, University of Miami School of Medicine and Jackson Memorial Hospital. We find that the trial court acted appropriately within its broad discretion in denying the plaintiffs’ motion for new trial where the jury’s finding with respect to legal cause is not contrary to the manifest weight of the evidence. See Baptist Memorial Hosp., Inc. v. Bell, 384 So. 2d 145 (Fla.1980) (standard for appellate review of denial of motion for new trial is whether trial court abused its discretion); Fernandez v. Berkel, Inc., 506 So. 2d 57 (Fla. 3d DCA 1987); Garcia v. Lujando, 253 So. 2d 725 (Fla. 3d DCA 1971) (appellate court will not substitute its judgment for that of jury where there is substantial, competent evidence to support finding of fact).
We also find that the unobjected to comments do not rise to the level of fundamental error. Brumage v. Plummer, 502 So. 2d 966 (Fla. 3d DCA), rev. denied, 513 So. 2d 1062 (Fla.1987). For these reasons, the judgment entered pursuant to the verdict is hereby,
Affirmed.
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Rodriguez v. State, 919 So. 2d 1252 (Fla. 2005)…elevant and material; the court may set limits on the sources and scope of such discovery; and on review of orders limiting or denying discovery, the moving party has the burden of showing an abuse of discretion. Id. at 1250 (quoting Davis v. State, 624 So. 2d 282 (Fla. 3d DCA 1993), and adopting procedures established therein). In deciding whether to allow this limited form of discovery, the trial judge must consider “the issues presented, the elapsed time between the conviction and the postconviction hearin…
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Askari Abdullah Muhammad v. State, 132 So. 3d 176 (Fla. 2013)…elevant and material; the court may set limits on the sources and scope of such discovery; and on review of orders limiting or denying discovery, the moving party has the burden of showing an abuse of discretion. Id. at 1250 (quoting Davis v. State, 624 So. 2d 282 (Fla. 3d DCA 1993), and adopting procedures established therein). In deciding whether to allow this limited form of discovery, the trial judge must consider “the issues presented, the elapsed time between the conviction and the postconviction hearin…
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State v. Lewis, 656 So. 2d 1248 (Fla. 1994)…ex parte communications. Smith subpoenaed Judge Tyson for the purpose of taking his deposition. The State filed a motion to quash and a motion for a protective order asserting that Smith failed to follow the procedures established in Davis v. State, 624 So. 2d 282 (Fla. 3d DCA 1993). The trial court denied the motion to quash, but granted a protective order limiting Smith’s inquiry to the facts surrounding the order’s preparation. The State filed an emergency motion seeking review in this Court and we granted…
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- Baptist Mem'l Hosp., Inc. v. Bell, 384 So. 2d 145 (Fla. 1980)
- Corcoran v. State, 502 So. 2d 966 (Fla. 1st DCA 1987)
- Brumage v. Ritchie Plummer, D.O., 502 So. 2d 966 (Fla. 3d DCA 1987)
- Garcia v. Lujando, 253 So. 2d 725 (Fla. 3d DCA 1971)
- Maday Fernandez v. Berkel, Inc., 506 So. 2d 57 (Fla. 3d DCA 1987)