MARTHA BRADLEY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DANIEL JEROME BRADLEY, DECEASED, APPELLANT,
v.
INDIAN RIVER MEMORIAL HOSPITAL, INC., APPELLEE
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PER CURIAM.
AFFIRMED.
GLICKSTEIN, C.J., and STREITFELD, JEFFREY E., Associate Judge, concur. FARMER, J., concurs specially with opinion.
FARMER, Judge,
concurring specially.
I agree with my colleagues that there is no error shown in the failure to instruct the jury on the duty owed to appellant’s decedent. Although there was some reference in voir dire and opening statement by defense counsel as to whether the hospital owed a duty of care to its employees and their guests at the picnic, a review of the trial record shows unequivocally that the defendant conceded that it owed a duty of reasonable care. The duty issue was not the stage on which this trial was fought.
I also agree that there was no error shown in the trial judge’s denial of a new trial on the basis that the verdict was against the manifest weight of the evidence. Trial judges have broad discretion on such new trial motions, and district judges may not interfere with their decision merely because they would have granted the motion. Baptist Memorial Hospital Inc. v. Bell, 384 So. 2d 145 (Fla.1980); and Smith v. Brown, 525 So. 2d 868 (Fla.1988).
I should have been disposed to reverse for a new trial on the jury selection issue, but I see no way around our decision in Dobek v. Ans, 560 So. 2d 328 (Fla. 4th DCA 1990). It is absolutely critical to ask for more peremptory challenges in this situation. Merely challenging for cause is not enough. An affirmance is thus required.
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Mohsen A. Rashdan, M.D. & Mohsen A. Rashdan, M.D., P.A. v. Tanveer A. Sheikh, M.D., P.A., 706 So. 2d 357 (Fla. 4th DCA 1998)…om Ferre v. City Nat’l Bank of Miami, 548 So. 2d 701 (Fla. 3d DCA 1989), relied on by appellees, where the very basis of the supplemental proceedings were allegations of fraudulent conveyances and conspiracy. See also Mash v. Express One Int'l Inc., 585 So. 2d 1154 (Fla. 4th DCA 1991). In this case, it appears that the sole reason the trial court allowed appellees to obtain assets of Rashdan, P.A. was that Dr. Rash-dan owned 100% of the professional association. Accordingly, we reverse. STONE, C.J., and GUNT…
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Fla. E. Dev. & Mgmt. Corp. v. Wehr Constructors, Inc., 596 So. 2d 1304 (Fla. 4th DCA 1992)…PER CURIAM. This cause is affirmed on the authority of Mash v. Express One International, Inc., 585 So. 2d 1154 (Fla. 4th DCA 1991) and Ferre v. City Nat. Bank of Miami, 548 So. 2d 701 (Fla. 3d DCA 1989). AFFIRMED. LETTS and STONE, JJ., concur. GUNTHER, J., dissents without opinion.…
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Connors v. Sears, 721 So. 2d 418 (Fla. 4th DCA 1998)…y request an additional peremptory challenge after exhausting her peremptory challenges. Such a request is absolutely critical if the erroneous denial of a challenge for cause is to be deemed preserved. See Bradley v. Indian River Mem’l Hosp., Inc., 585 So. 2d 1154 (Fla. 4th DCA 1991) (Farmer, J., specially concurring). Because we conclude in accordance with Dobek that appellant failed to preserve this issue for appellate review, we affirm the judgment below. AFFIRMED. DELL and SHAHOOD, JJ., concur.…
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- Baptist Mem'l Hosp., Inc. v. Bell, 384 So. 2d 145 (Fla. 1980)
- THE FLA. BAR RE AMENDMENT TO RULES REGULATING THE FLA. BAR (RULE 1-4.3, 525 So. 2d 868 (Fla. 1988)
- Smith v. Brown, 525 So. 2d 868 (Fla. 1988)
- DE LA Cruz v. State, 560 So. 2d 328 (Fla. 3d DCA 1990)