BARTH v. FLA. STATE CONSTRUCTORS SERV., INC.

Nos. 77-2020, 77-2311.

363 So.2d 199 (1978)

Hazel E. Wallman BARTH, Appellant, v. FLORIDA STATE CONSTRUCTORS SERVICE, INC., and Travelers Indemnity Company, Appellees.

District Court of Appeal of Florida, Third District.

October 17, 1978.


Attorney(s) appearing for the Case

Ellis Rubin, Naples, for appellant.

Lazan, Trute & Hauser and Melvyn Trute, Bay Harbor Island, Marvin I. Moss, North Miami, High, Stack, Lazenby & Bender, Miami, for appellees.

Before HAVERFIELD, C.J., and HENDRY and HUBBART, JJ.


HUBBART, Judge.

The central issue involved in this appeal is whether it constitutes reversible error for a trial court in a civil action to charge the jury on the law prior to the final arguments of counsel at the trial of the case. We hold that such procedure violates Fla.R.Civ.P. 1.470(b) and constitutes reversible error providing the complaining party timely objects thereto in the trial court. As there was no such timely objection in this case, we affirm.

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