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HWCC-Tunica6/9/2005
ndant, did I do that adequately?
BY MR. TUCKER: Yes, sir.
BY THE COURT: Okay.
The trial judge instructed the jury per Hollywood's recommendation. After the oral instruction was given, both parties affirmed that the instructions were adequate. No objections to the oral instructions were made by either party.
. An issue is deemed waived for appeal unless a contemporaneous objection was made at trial. Thus, in order to reverse, we would be required to find that the judge's actions rise to the level of plain error. "However, 'in order to reverse under the plain error doctrine, the reviewing court must find both error and harm.'" Entergy Miss., Inc. v. Bolden, 854 So.2d 1051, 1059 (Miss. 2003) (citation omitted). Additionally, issues of plain error will only be addressed if the fundamental rights of a party have been violated. Johnson v. Gray, 859 So.2d 1006, 1015 (Miss. 2003) (citing Pub. Employees' Ret. Sys. v. Dishmon, 797 So.2d 888, 897 (Miss. 2001)). Even if the judge erroneously instructed the jury, we cannot hold that there was harm since both parties admitted that the instructions were adequate, neither party objected to the nature or form of the instructions, the oral instructions followed the written instructions and were not incorrect statements of the law. The Court of Appeals erred in reversing the trial court's judgment.
CONCLUSION
. For the foregoing reasons, we reverse the Court of Appeals' judgment and reinstate and affirm the trial court's judgment.
. THE JUDGMENT OF THE COURT OF APPEALS IS REVERSED, AND THE JUDGMENT OF THE TUNICA COUNTY CIRCUIT COURT IS REINSTATED AND AFFIRMED.
SMITH, C.J., WALLER AND COBB, P.JJ., CARLSON AND RANDOLPH, JJ., CONCUR. EASLEY AND GRAVES, JJ., DISSENT WITHOUT SEPARATE WRITTEN OPINION.
DIAZ, J., NOT PARTICIPATING.
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