SHIRLEY MARSLAND, APPELLANT,
v.
BRUCE A. JULIEN, APPELLEE
PER CURIAM.
The plaintiff in a medical malpractice action appeals from a summary judgment entered in favor of the defendant. We find error, and reverse.
Upon examination of the record, and consideration of the briefs and argument, we hold a genuine issue of material fact was presented, as to whether there was informed consent of the plaintiff (patient) for the operation. No useful purpose would be served by reciting the deposition testimony of the parties bearing thereon. With regard to negligence as an issue in the case, see Helms v. Sims, Fla.App.1976, 330 So. 2d 71, recently decided by this court.
The summary judgment is reversed, and the cause is remanded for further proceedings.
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Kelley v. State, 486 So. 2d 578 (Fla. 1986)…s given the trial court a wide latitude in deciding whether or not to have testimony re-read to jurors upon request. Fla.R.Cr.P. 3.410; DeCastro v. State, 360 So. 2d 474 (Fla. 3d DCA 1978), cert. denied, 368 So. 2d 1365 (Fla.1979); Simmons v. State, 334 So. 2d 265 (Fla. 3d DCA 1976). In his fourth point on appeal, appellant contends that the trial court erred in allowing the jurors to take notes during the trial and failing to adequately instruct the jury as to the proper role of note-taking. Whether or not…
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Hazuri v. State, 91 So. 3d 836 (Fla. 2012)…the trial court considered the jury’s transcript request as just that. Although the Third District in this case held that the trial court did not abuse its discretion in its literal answer to the jury’s transcript request, see also Simmons v. State, 334 So. 2d 265, 267 (Fla. 3d DCA 1976) (holding that where the jury did not request to have the testimony read and the reading of the testimony was impractical, the trial court did not abuse its discretion), several cases from other district courts have held that…
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Roper v. State, 608 So. 2d 533 (Fla. 5th DCA 1992)…d 248 (Fla.1990), cert. denied, — U.S. -, 111 S.Ct. 2910, 115 L.Ed.2d 1073 (1991); Kelley v. State, 486 So. 2d 578 (Fla.), cert. denied, 479 U.S. 871, 107 S.Ct. 244, 93 L.Ed.2d 169 (1986). In Kelley, the Florida Supreme Court cited Simmons v. State, 334 So. 2d 265 (Fla. 3d DCA 1976) with approval. In Simmons, as in the instant case, the jury did not ask to hear testimony but merely sent out a request for a typewritten copy of same. The trial court determined that it would take seven hours to read back the req…
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- Helms v. M. David Sims, M.D., 330 So. 2d 71 (Fla. 3d DCA 1976)