Legal Opinion

Turner v. Long

District Court of Appeal of Florida

Decided August 5, 1969No. L-196PublishedCited by 2 opinions

1Per curiam

Appellants have appealed an adverse final judgment in a medical malpractice case based upon a jury verdict in favor of appellee.

Appellants’ first point challenges the correctness of the trial court’s ruling which permitted appellee to amend his answer after the evidence was closed by interposing the defense of contributory negligence pursuant to the provisions of Rule 1.190(b), R.C.P., 30 F.S.A. Our Supreme Court has been extremely liberal. in permitting amendments after trial to conform to the evidence when the issue has been tried by the express or implied consent of the parties.1

Appellants’…

2Cases cited5 opinions

  1. Cloud v. FallisSupreme Court of Florida · 1959
  2. Tyus v. Apalachicola Northern Railroad CompanySupreme Court of Florida · 1961
  3. Garrett v. Oak Hall ClubSupreme Court of Florida · 1960
  4. Apalachicola Northern Railroad Company v. TyusDistrict Court of Appeal of Florida · 1959
  5. Garrett v. Oak Hall ClubDistrict Court of Appeal of Florida · 1959

3Cited by2 opinions

  1. St. Joe Paper Co. v. ConnellDistrict Court of Appeal of Florida · 1974
  2. Maytag v. Alfred D. Reid AssociatesDistrict Court of Appeal of Florida · 1978

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