LORENZO SWINTON, APPELLANT,

v.

WELLS FARGO BANK, N.A., APPELLEE

Citator

Cited By

• R.J. Reynolds Tobacco Co. v. Marvine Calloway, 201 So. 3d 753 (Fla. 4th DCA 2016)
  …othing.” We have recently held that, “[i]t is improper for counsel to suggest in closing argument that a ‘defendant should be punished for contesting damages at trial’ or that defending a ‘claim in court’ is improper.” Allstate Ins. Co. v. Marotta, 125 So. 3d 956, 960 (Fla. 4th DCA 2013) (citation omitted). We addressed similar comments disparaging defendants for failing to take responsibility in cases such as Philip Morris USA, Inc. v. Tullo, 121 So. 3d 595, 598 (Fla. 4th DCA 2013), and Intramed, Inc. v. Gu…

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• Domino's Pizza, LLC v. Wiederhold, 248 So. 3d 212 (Fla. 5th DCA 2018)
  …did Mr. Kidd. You see that justice is done and tell them what you think about their verdict. (Emphasis added). We agree that Mrs. Wiederhold's first "greedy charade" comment improperly denigrated Domino's defense. See Allstate Ins. Co. v. Marotta, 125 So. 3d 956, 960 (Fla. 4th DCA 2013) (stating improper to suggest that defending claim in court is improper or that defendant should be punished for contesting damages); Fasani v. Kowalski, 43 So. 3d 805, 809 (Fla. 3d DCA 2010) ("The law is clear that it is imp…
• Cohen v. Philip Morris USA, Inc., 203 So. 3d 942 (Fla. 4th DCA 2016)
  …05)). This court has recognized that “[i]t is improper for counsel to suggest in closing argument that a ‘defendant should be punished for contesting damages at trial’ or that defending a ‘claim in court’ is improper.” Allstate Ins. Co. v. Marotta, 125 So. 3d 956, 960 (Fla. 4th DCA 2013) (quoting Intramed, Inc. v. Guider, 93 So. 3d 503, 507 (Fla. 4th DCA 2012)). In Tullo, plaintiffs counsel made similar- “take responsibility” arguments as were made here. For example: “When the defense gets up and gives their…