ANDROS WEST, INC., A FLORIDA CORPORATION, D/B/A MARKER 88 RESTAURANT, APPELLANT,
v.
LUELLA LAPOINTE, APPELLEE
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The court held that the trial court abused its discretion in granting a new trial based on defense counsel's closing argument remarks.
The trial court granted the plaintiffs motion for a new trial based on remarks made by defense counsel during closing argument. The defendant appealed…
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PER CURIAM.
The defendant below, Andros West, Inc., a Florida corporation, d/b/a Marker 88 Restaurant, appeals from the trial court’s order granting the plaintiffs motion for new trial. We reverse.
The trial court granted the motion for new trial based on several remarks made by the defense counsel during closing argument. “A motion for new trial is directed to the sound, broad discretion of the trial judge and his ruling thereon should not be disturbed absent a clear showing of abuse.” Keith v. Russell T Bundy & Assocs. Inc., 495 So. 2d 1223, 1225 (Fla. 5th DCA 1986). See also, Sosa v. Knight-Ridder Newspapers, Inc., 435 So. 2d 821, 825 (Fla.1983).
In the instant case, we find that there is a clear showing that the trial court abused its discretion. First, the unobjected to remarks were not of a highly prejudicial or inflammatory nature that would warrant the granting of a new trial. See Sun Supermarkets, Inc. v. Fields, 568 So. 2d 480 (Fla. 3d DCA 1990), rev. denied, 581 So. 2d 164 (Fla.1991); State Farm Mut. Auto. Ins. Co. v. Guthrie, 321 So. 2d 116 (Fla. 3d DCA 1975); Metropolitan Dade County v. Dillon, 305 So. 2d 36 (Fla. 3d DCA 1974), cert. denied, 317 So. 2d 442 (Fla.1975). Secondly, we find that the remarks were fair comments on the evidence. See Griffith v. Shamrock Village, Inc., 94 So. 2d 854 (Fla.1957); Honda Motor Co., Ltd. v. Marcus, 440 So. 2d 373, 376 (Fla. 3d DCA 1983), review dismissed, 447 So. 2d 886 (Fla.1984).
Accordingly, we reverse.
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Cited By
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Americare Retirement Facilities v. Linden, 664 So. 2d 1080 (Fla. 3d DCA 1995)…ost of the comments were made as a response to arguments made earlier by the appellants’ trial counsel. The unobjected to comments were not of a highly prejudicial or inflammatory nature that would warrant a new trial. Andros West, Inc. v. Lapointe, 609 So. 2d 103 (Fla. 3d DCA 1992); see also Parker v. State, 641 So. 2d 369, 371 (Fla.1994) (no abuse of discretion in ruling that unobjected to statement was fair comment, perhaps invited by the closing ar [*1081] gument of other side), cert, denied — U.S. —, 115…
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Sledge v. George L. Richards, M.D., 666 So. 2d 572 (Fla. 3d DCA 1996)…PER CURIAM. Affirmed. See Andros West, Inc. v. Lapointe, 609 So. 2d 103 (Fla. 3d DCA 1992); HI. Holding Co. v. Dade County, 129 So. 2d 693 (Fla. 3d DCA 1961), cert, denied, 133 So. 2d 646 (Fla.1961).…
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Diaz v. The Goodyear Tire & Rubber Co., 701 So. 2d 361 (Fla. 3d DCA 1997)…PER CURIAM. Affirmed. See Floyd v. State, 569 So. 2d 1225 (Fla.1990); Andros West, Inc. v. Lapointe, 609 So. 2d 103 (Fla. 3d DCA 1992); Fernandez v. Miami Jai-Alai, Inc., 454 So. 2d 1060 (Fla. 3d DCA 1984).…
Authorities Cited
- Griffith v. Shamrock Vill., Inc., 94 So. 2d 854 (Fla. 1957)
- Metro. Dade Cnty. v. Dillon, 305 So. 2d 36 (Fla. 3d DCA 1974)
- Honda Motor Co., Ltd. v. Marcus, 440 So. 2d 373 (Fla. 3d DCA 1983)
- State v. Cabe, 435 So. 2d 821 (Fla. 1983)
- Sosa v. Knight-Ridder Newspapers, Inc., 435 So. 2d 821 (Fla. 1983)
- Theda Keith v. Russell T. Bundy & Assocs., Inc., 495 So. 2d 1223 (Fla. 5th DCA 1986)
- SUN Supermarkets, Inc. v. Fields, 568 So. 2d 480 (Fla. 3d DCA 1990)
- Blasco v. Krantz, 317 So. 2d 442 (Fla. 1975)
- Metro. Dade Cnty. v. Dillon, 317 So. 2d 442 (Fla. 1975)
- State Farm Mut. Auto. Ins. Co. v. Guthrie, 321 So. 2d 116 (Fla. 3d DCA 1975)