(l-r) Judges Kevin Emas, Monica Gordo and Alexander Bokor. (Courtesy photos) What Not to Do: $43M Verdict Undone Over Hearsay
"Knowing that this testimony could evoke sympathy in the minds of the jurors, experienced trial lawyers used these improper and highly prejudicial statements to paint a detailed picture—one that graphically illustrated two independent, emotional conversations between a dying mother and her loving sons," Third District Court of Appeal Judge Monica Gordo held in the opinion.
March 28, 2024 at 12:36 PM
5 minute read
What You Need to Know
- Florida's Third District Court of Appeal reversed a $43 million verdict and remanded the case back to the Miami-Dade Circuit Court for a new trial.
- At issue is the Miami-Dade Circuit Court's admittance of inadmissible hearsay statements, which the Third DCA singled out in its opinion.
- In a dissenting opinion, one Third DCA judge argued that other evidence could have supported the statements in, for instance, closing arguments.
Florida's Third District Court of Appeal reversed a $43 million verdict jurors awarded the family of a deceased smoker, over the Miami-Dade Circuit Court's admittance of inadmissible hearsay statements.
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