Barth v. Florida State Constructors Service, Inc.

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.

The facts pertinent to the above issue are undisputed. The plaintiff Florida State Constructors Service, Inc. brought an action against…