EARTHERLENE FLOWERS AND RALEIGH FLOWERS, INDIVIDUALLY, AND AS HUSBAND AND WIFE, APPELLANTS,
v.
METROPOLITAN DADE COUNTY, D/B/A JACKSON MEMORIAL HOSPITAL, ET AL., APPELLEES
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PER CURIAM.
The point presented upon this appeal is whether the giving of a designated instruction to the jury constitutes reversible error. The instruction has been approved as to form and content. Potock v. Turek, Fla. App.1969, 227 So. 2d 724. A party is entitled to an instruction upon an issue raised by the evidence. See Atlantic Coast Line Railroad Company v. Bracewell, Fla.App.1959, 110 So. 2d 482, and Parker v. Chew, Fla.App.1973, 280 So. 2d 695. Here, an issue of negligence was tried; therefore, the instruction was applicable. The only remaining consideration is whether the instruction constituted reversible error in that, when considered together with the entire charge to the jury, it was improper. Keyser v. Brunette, Fla.App.1966, 188 So. 2d 840. We hold that the giving of the instruction did not constitute reversible error. Cf. Chambers v. Nottebaum, Fla.App.1957, 96 So. 2d 716, 721, and cases cited therein.
Affirmed.
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Citator
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Ryan v. Atl. Fertilizer & Chem. Co., 515 So. 2d 324 (Fla. 3d DCA 1987)…s been adduced to support the allegation. See e.g., Seaboard Coast Line R.R. v. Clark, 491 So. 2d 1196 (Fla. 4th DCA 1986); Tarwacki v. Royal Croton Bottling Co. of Tampa, Inc., 330 So. 2d 253 (Fla. 2d DCA 1976); Flowers v. Metropolitan Dade County, 314 So. 2d 207 (Fla. 3d DCA 1975). Where the evidence is inconclusive or conflicting, failure of the trial judge to provide a charge that lays down standards for the jury to follow under varying permissible views of the evidence constitutes reversible error. Holle…
Authorities Cited
- Silas E. Chambers v. Nottebaum, 96 So. 2d 716 (Fla. 3d DCA 1957)
- Madonna Potock v. Samuel L. Turek, M.D., 227 So. 2d 724 (Fla. 3d DCA 1969)
- Keyser v. Brunette, 188 So. 2d 840 (Fla. 2d DCA 1966)
- Atl. Coast Line R.R. Co. v. Bracewell, 110 So. 2d 482 (Fla. 1st DCA 1959)
- Parker v. Chew, 280 So. 2d 695 (Fla. 2d DCA 1973)