Brown v. Felts

CARROLL, DONALD K., Acting Chief Judge

(dissenting).

I must dissent from the majority opinion and judgment for the following reasons:

No rule is more firmly established in the trial of causes at law in this state than that a trial court must charge the jury concerning the law applicable to the cause, basing its instructions “upon the evidence adduced at the trial under the issues drawn by the parties’ pleadings.” See Atlantic Coast Line R. Co. v. Wallace, 61 Fla. 93, 54 So. 893 (1911), Charlotte Harbor & N. Ry. Co. v. Truette, 81 Fla. 152, 87 So. 427 (1921), Bashaw v. Dyke, 122 So.2d 507…