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KUBA v. LEB

No. 83-931.

464 So.2d 601 (1985)

Florence KUBA, Personal Representative of the Estate of Joseph Kuba, Deceased; Florence Kuba, Individually; Florence Kuba, Personal Representative for the Benefit of Mona Kuba and Jeff Kuba; and Jay Kuba, Individually, Appellants, v. Samuel L. LEB, M.D.; Leb & Seidenberg, P.A.; Frederick Shuster, M.D.; Crowell, Shuster and Reichback, P.A., Appellees.

District Court of Appeal of Florida, Third District.

February 26, 1985.

Attorney(s) appearing for the Case

Horton, Perse & Ginsberg and Cohen & Kokus and Edward A. Perse, Miami, for appellants.

Carey, Dwyer, Cole, Eckhart, Mason & Spring and Harriet Lewis and Raymond Dwyer; Kimbrell, Hamann, Jennings, Womack, Carlson & Kniskern and John W. Wylie and Michael K. McLemore, Miami, for appellees.

Before NESBITT, DANIEL S. PEARSON and FERGUSON, JJ.

PER CURIAM.

Considered in light of the requirement that:

"[i]n determining whether a specific instruction is erroneous, it should be considered with all the other instructions given, and the pleadings and evidence in the case. The proper test is whether the charge as a whole adequately presents the law upon the issues. In passing on a single instruction, it is to be judged in the light of all the other instructions given, bearing upon the same subject and...

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