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MT. SINAI HOSPITAL OF GREATER MIAMI v. STEINER

No. 82-565.

426 So.2d 1154 (1983)

MT. SINAI HOSPITAL OF GREATER MIAMI, Appellant, v. Oscar STEINER and Gladys Steiner, Individually and As His Wife, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 16, 1983.

Attorney(s) appearing for the Case

Lanza, Sevier & Womack and Judith A. Bass and Ceasar Armstrong, Miami, for appellant.

Silver, Levy & Hershoff and George M. Nachwalter and Jay Levy, Miami, for appellees.

Before SCHWARTZ, C.J., and BASKIN and DANIEL S. PEARSON, JJ.

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...

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