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SMITH v. MOGELVANG

No. 82-892.

432 So.2d 119 (1983)

Robert SMITH and Vera Smith, Husband and Wife, Appellants, v. L. Christian MOGELVANG, M.D., et al., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 3, 1983.

Attorney(s) appearing for the Case

Joe N. Unger, P.A., Mark J. Feldman, P.A., and Preddy, Kutner & Hardy, Miami, for appellants.

James G. Decker and John F. Stewart of Stewart & Decker, P.A., Fort Myers, for appellees.

LEHAN, Judge.

This medical malpractice case involves whether a negligence issue was tried by implied consent under Rule 1.190(b), Florida Rules of Civil Procedure, and, if so, whether the jury should have been instructed on that issue. Also involved is whether the trial court's failure to use the Florida Standard Jury Instructions was reversible error.

The Smiths sued Dr. Mogelvang and alleged that the doctor's treatment of Mr. Smith fell below a reasonably...

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