Appellate Court Rules Defense Litigator's 'Improper' Comments Don't Warrant New Florida Trial
"In light of the sustained objections, curative instructions, and admonishment of counsel, the effect of the improper comments falls short of fundamental error," the state appellate court ruled.
June 24, 2024 at 02:28 PM
4 minute read
LitigatorsWhat You Need to Know
- The Fifth District Court of Appeal reversed and remanded a Nassau Circuit Court ruling.
- The appellate opinion laid out in its opinion the comments the trial court deemed improper.
- Because the plaintiff failed to move for a mistrial directly after the comments were made, the comments did not reach the higher standard warranted by legal precedent.
A state appellate court in Florida reversed and remanded a trial court ruling, finding that "defense counsel's comments during closing arguments were improper" but failed "to rise to the level necessitating or permitting a new trial."
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