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Young v. Phillips Petroleum Company

District Court of Appeal of Florida, First District
Jun 9, 1976
333 So. 2d 87 (Fla. Dist. Ct. App. 1976)

Opinion

No. Z-388.

June 9, 1976.

Appeal from the Circuit Court, Leon County, James E. Joanos, J.

William F. Daniel, of Cotten, Shivers, Gwynn Daniel, Tallahassee, for appellant.

Ann C. Booth, of Hall Booth, Tallahassee, for appellee.


Appealing from an adverse judgment entered on a jury verdict, plaintiff complains that the trial court supplemented the jury charges recommended for slip and fall cases in Florida Standard Jury Instructions-Civil by elaborating, as requested by defendant, on one aspect of the issues posed by charge 3.5f. The record does not reveal the specific ground of plaintiff's objection to the additional charge. Had plaintiff explicitly objected that the recommended standard charge accurately and adequately covers the subject, the trial judge would have had had an opportunity to comply with Form 1.985, R.C.P., by stating "on the record or in a separate order" wherein he conceived that the standard form was "erroneous or inadequate and the legal basis of his finding." For aught that appears, plaintiff complained only that the supplemental statement was incorrect as a matter of abstract law, which it was not. The general objection made by plaintiff was insufficient to preserve the error asserted here. Henningsen v. Smith, 174 So.2d 85 (Fla.App.2d 1965); DuPuis v. 79th Street Hotel, Inc., 231 So.2d 532 (Fla.App.3rd, 1970), cert. den. 238 So.2d 105 (Fla. 1970).

AFFIRMED.

BOYER, C.J., SMITH, J., and HODGES, JOHN G., Associate Judge, concur.


Summaries of

Young v. Phillips Petroleum Company

District Court of Appeal of Florida, First District
Jun 9, 1976
333 So. 2d 87 (Fla. Dist. Ct. App. 1976)
Case details for

Young v. Phillips Petroleum Company

Case Details

Full title:MAMIE B. YOUNG, APPELLANT, v. PHILLIPS PETROLEUM COMPANY, A FOREIGN…

Court:District Court of Appeal of Florida, First District

Date published: Jun 9, 1976

Citations

333 So. 2d 87 (Fla. Dist. Ct. App. 1976)

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