Aylesworth v. Hospital Corp. of Lake Worth

District Court of Appeal of Florida

Aylesworth v. Hospital Corp. of Lake Worth

488 So. 2d 634, 11 Fla. L. Weekly 1128, 1986 Fla. App. LEXIS 7771

CourtDistrict Court of Appeal of Florida

DecidedMay 14, 1986

DocketNos. 84-991, 84-1042

StatusPublished

This text of 488 So. 2d 634 (Aylesworth v. Hospital Corp. of Lake Worth) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Aylesworth v. Hospital Corp. of Lake Worth, 488 So. 2d 634, 11 Fla. L. Weekly 1128, 1986 Fla. App. LEXIS 7771 (Fla. Ct. App. 1986).

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Opinion

PER CURIAM.

We have reviewed the record in light of the briefs and oral argument and are of the opinion that no reversible error has been made to appear by appellants, Scott Douglas Aylesworth, Howard B. Aylesworth and Sylvia E. Aylesworth. More particularly, we determine that the trial court did not commit error in giving a jury instruction based upon Gooding v. University Hospital, 445 So.2d 1015 (Fla.1984). See Beisel v. Lazenby, 444 So.2d 953 (Fla.1984). The trial court’s stated reasons for giving the instruction adequately furnish a legal basis in determining the necessity for such instruction.

As to the cross-appeal brought by defense counsel, Gary A. Chernay, we reverse the order finding Mr. Chernay in contempt of court. Suffice it to say, the order which Chernay was found to have violated was not sufficiently explicit and precise to support contempt. Hettinger v. McMahon, 164 So.2d 553 (Fla. 2d DCA 1964); Kranis v. Kranis, 313 So.2d 135 (Fla. 3d DCA 1975). Moreover, the question as asked by Mr. Chernay did not prejudice the plaintiffs and so did not transgress upon what the trial court was attempting to accomplish by the ruling in limine.

We affirm as to the appeal brought by appellants, Scott Douglas Aylesworth by his co-guardians, Howard B. Aylesworth and Sylvia E. Aylesworth, and Howard B. Aylesworth and Sylvia E. Aylesworth, individually.

We reverse as to the cross-appeal brought by appellant, Gary A. Chernay.

AFFIRMED IN PART; REVERSED IN PART.

ANSTEAD, DELL and WALDEN, JJ., concur.

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PER CURIAM.

We have reviewed the record in light of the briefs and oral argument and are of the opinion that no reversible error has been made to appear by appellants, Scott Douglas Aylesworth, Howard B. Aylesworth and Sylvia E. Aylesworth. More particularly, we determine that the trial court did not commit error in giving a jury instruction based upon Gooding v. University Hospital, 445 So.2d 1015 (Fla.1984). See Beisel v. Lazenby, 444 So.2d 953 (Fla.1984). The trial court’s stated reasons for giving the instruction adequately furnish a legal basis in determining the necessity for such instruction.

As to the cross-appeal brought by defense counsel, Gary A. Chernay, we reverse the order finding Mr. Chernay in contempt of court. Suffice it to say, the order which Chernay was found to have violated was not sufficiently explicit and precise to support contempt. Hettinger v. McMahon, 164 So.2d 553 (Fla. 2d DCA 1964); Kranis v. Kranis, 313 So.2d 135 (Fla. 3d DCA 1975). Moreover, the question as asked by Mr. Chernay did not prejudice the plaintiffs and so did not transgress upon what the trial court was attempting to accomplish by the ruling in limine.

We affirm as to the appeal brought by appellants, Scott Douglas Aylesworth by his co-guardians, Howard B. Aylesworth and Sylvia E. Aylesworth, and Howard B. Aylesworth and Sylvia E. Aylesworth, individually.

We reverse as to the cross-appeal brought by appellant, Gary A. Chernay.

AFFIRMED IN PART; REVERSED IN PART.

ANSTEAD, DELL and WALDEN, JJ., concur.

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488 So. 2d 634, 11 Fla. L. Weekly 1128, 1986 Fla. App. LEXIS 7771, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aylesworth-v-hospital-corp-of-lake-worth-fladistctapp-1986.

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