DEBBIE REZZARDAY, APPELLANT,
v.
WEST FLORIDA HOSPITAL, APPELLEE

Fla. 1st DCA | 1984-11-06
No. AX-203
ERVIN, C.J., and ZEHMER, J., concur.
462 So. 2d 470 Florida District Court of Appeal, First District (1984) Positive Treatment
Cited by 4 cases

Opinion of the Court
MILLS, Judge.

MILLS, Judge.

Ms. Rezzarday appeals from a jury verdict in favor of West Florida Hospital on her complaint against it for slander. We affirm.

The basis of Ms. Rezzarday’s appeal is that the trial court erred in refusing to admit certain testimony under the “admissions exception” to the hearsay rule. Section 90.803(18), Florida Statutes (1983). However, Ms. Rezzarday did not assert this ground for admissibility at trial, and hence the issue was not properly preserved for our review. See Diaz v. Rodriguez, 384 So. 2d 906 (Fla. 3d DCA 1980); 3 Fla.Jur.2d, Appellate Review § 92 (1978).

The judgment of the trial court is affirmed.

ERVIN, C.J., and ZEHMER, J., concur.


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  • Thomas v. State, 599 So. 2d 158 (Fla. 1st DCA 1992)
    …386 So. 2d 538, 541 n. 6 (Fla.1980); and Chenoweth v. Kemp, 396 So. 2d 1122 (Fla.1981). Over the years, as the occasion has arisen, each of Florida's five intermediate appellate courts has adopted this principle. Rezzarday v. West Florida Hospital, 462 So. 2d 470 (Fla. 1st DCA 1984); King v. Estate of King, 554 So. 2d 600 (Fla. 1st DCA 1989); Corporacion Peruana de Aeropuertos y Aviacion Comercial v. Boy, 180 So. 2d 503 (Fla. 2d DCA 1965); Chaudoin v. State, 118 So. 2d 569 (Fla. 2d DCA 1960); Metropolitan Da…
  • Sayad v. Alley, 508 So. 2d 485 (Fla. 3d DCA 1987)
    …leged error in the exclusion of a prior inconsistent statement by the plaintiff was not properly preserved below. See § 90.614(2), Fla. Stat. (1985); Hoctor v. Tucker, 432 So. 2d 1352, 1354-55 (Fla. 5th DCA 1983); Rezzarday v. West Florida Hospital, 462 So. 2d 470 (Fla. 1st DCA 1984); Diaz v. Rodriguez, 384 So. 2d 906, 907 (Fla. 3d DCA 1980).…
  • Callihan v. Turtle Kraals, Ltd., 523 So. 2d 800 (Fla. 3d DCA 1988)
    …ion to hearsay evidence by appellant Hall regarding a potential buyer’s reasons for refusing to place a deposit on her unit, Hall failed to proffer the evidence at that time, and thus its exclusion is not reviewable. Rezzarday v. West Florida Hosp., 462 So. 2d 470 (Fla. 1st DCA 1984); Easton v. Bradford, 390 So. 2d 1202 (Fla. 2d DCA 1980), review dismissed, 399 So. 2d 1141 (Fla.1981); Cason v. Smith, 365 So. 2d 1042 (Fla. 3d DCA 1978); Seaboard Air Line R.R. v. Ellis, 143 So. 2d 550 (Fla. 3d DCA 1962). Accor…

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