Rittenbery v. Eddins

This is an appeal from an order rendered by the trial court granting plaintiff a new trial in a personal injury action in which the jury found in favor of defendant. The sole ground assigned in support of the order is the holding of the trial court that it erred in refusing to give an instruction orally requested by plaintiff’s counsel during the charge conference between the court and the attorneys.

Rule 1.470(b), Rules of Civil Procedure, 30 F.S.A., requires that all requests for instructions to the jury be presented to the court in writing no later than at the close of the evidence. It is…