Opinion
No. 94-03022.
April 17, 1996. Rehearing Denied May 17, 1996.
Appeal from the Circuit Court for Collier County; William L. Blackwell and Charles T. Carlton, Judges.
Marvin Weinstein of Grover, Weinstein, Stauber Friedman, P.A., Miami Beach, for Appellant.
Bonita L. Kneeland of Fowler, White, Gillen, Boggs, Villareal Banker, P.A., Tampa, for Appellee, Wardwell.
Jack W. Shaw, Jr., of Brown, Obringer, Shaw, Beardsley Decandio, P.A., Jacksonville, for amicus curiae, Florida Defense Lawyers Association.
Sean C. Domnick of Ford, Domnick Wolf, P.A., Miami, for amicus curiae, The Academy of Florida Trial Lawyers.
Mark Gauvain, the plaintiff in a personal injury action, appeals the final judgment entered after jury verdict and the trial court order denying his motion for new trial. We affirm.
Gauvain presents four issues on appeal. We do not address the two issues pertaining to the seatbelt defense because the argument presented on appeal was not timely presented to the trial court. Furthermore, Gauvain's counsel stipulated to the jury instructions and verdict form that were given to the jury. Therefore, these issues were not preserved for appellate review. See City of Orlando v. Birmingham, 539 So.2d 1133 (Fla. 1989). With respect to the remaining two issues, we find them to be without merit.
Affirmed.
SCHOONOVER, A.C.J., and FULMER and QUINCE, JJ., concur.