MT. SINAI HOSPITAL OF GREATER MIAMI, APPELLANT,
v.
OSCAR STEINER AND GLADYS STEINER, INDIVIDUALLY AND AS HIS WIFE, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the appellee waived his objection to proceeding with a five-person jury by failing to present the issue to the trial court.
The trial court discharged a juror for taking notes, and counsel for appellee requested a mistrial. However, appellee failed to object to continuing t…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Stipulation Of Parties cases and more on FLexlaw
BASKIN, Judge.
We reverse the trial court’s order granting a new trial. Although counsel for appellee requested a mistrial when the court discharged a juror for taking notes, he failed to object to continuing the trial with fewer than six jurors.1 Had he afforded the trial court an opportunity to consider the ground he now asserts on appeal; i.e., proceeding with only five jurors, he would have preserved the ruling for our review. However, neither at trial nor in his motion for new trial did appellee present that issue; his only argument was directed to the reason the court discharged the jur-or.2 An appellate court will not consider any ground for objection not presented to the trial court; review is limited to the specific grounds raised below. Mizell Live Stock Co. v. J.J. McCaskill Co., 59 Fla. 322, 51 So. 547 (1910); Pittman v. State, 51 Fla. 94, 41 So. 385 (1906); Sunland Hospital v. Garrett, 415 So. 2d 783 (Fla. 1st DCA 1982).
We therefore hold that appellee, having waived his objection to proceeding with a five-person jury, is not entitled to a new trial.
Reversed and remanded with instructions to reinstate the jury verdict.
. Before the trial commenced, the parties stipulated that instead of selecting an alternate jur-or, they would proceed with fewer than six jurors in the event one of the jurors became disabled. Our finding of waiver makes it unnecessary for us to address the question of the correct interpretation of the stipulation.
. MR. NACHWALTER: For the record, I want to respectfully move for a mistrial.
THE COURT: I deny it.
MR. NACHWALTER: I want to protect the record.
THE COURT: Bring the jury back.
MR. NACHWALTER: My reason being—
THE COURT: You don’t have to give a reason.
MR. NACHWALTER: Because I don’t recall ever being an instruction that they couldn’t take notes.
MR. LANZA: There doesn’t have to be.
THE COURT: Bring the jury in. (emphasis added).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Lipsig v. Zahid A. Ramlawi, 760 So. 2d 170 (Fla. 3d DCA 2000)…., Bohannon v. State, 546 So. 2d 1081, 1082 (Fla. 3d DCA 1989) (objection to sending back written instruction was not an objection to sending back partial written instructions in violation of the rule); Mount Sinai Hosp. of Greater Miami v. Steiner, 426 So. 2d 1154, 1155 (Fla. 3d DCA 1983) (general motion for mistrial for discharge of juror taking notes was not a specific objection to a continuation of trial with only five jurors). Accordingly, we affirm the trial court’s award of prejudgment interest in verdi…
-
Nova v. State, 439 So. 2d 255 (Fla. 3d DCA 1983)…y. Dumas v. State, 439 So. 2d 246. No such presumption arises where the defendant is without counsel before and at the time of the waiver. See Enrique v. State, 408 So. 2d 635 (Fla. 3d DCA 1981). . In Mt. Sinai Hospital of Greater Miami v. Steiner, 426 So. 2d 1154 (Fla. 3d DCA 1983), the parties stipulated that they would proceed with five jurors in the event that one of the jurors became disabled. This constituted a valid waiver of the legal entitlement to a trial by six jurors in the absence of some asserti…
-
Clock v. Vikki Clock, 649 So. 2d 312 (Fla. 3d DCA 1995)…ourt. Accordingly, we must affirm this order because an appellate court will not consider any ground for objection not presented to the trial court; review is limited to the specific grounds raised below. Mt. Sinai Hosp. of Greater Miami v. Steiner, 426 So. 2d 1154 (Fla. 3d DCA 1983). Reversed and remanded in part and affirmed in part. . By this time, J.C.’s sister L.C. had reached the age of 18 and graduated from high school. L.C. attends a local community college and continues to reside with her stepmother…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sunland Hospital/State OF Florida v. Garrett, 415 So. 2d 783 (Fla. 1st DCA 1982)
- Pittman v. State, 51 Fla. 94 (Fla. 1906)
- Mizell Live Stock Co. v. J. J. McCaskill Co., 59 Fla. 322 (Fla. 1910)