VIOLETTE FIELDS, ETC.
v.
R.J. REYNOLDS TOBACCO COMPANY
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Absent a contemporaneous motion for mistrial, trial conduct is reviewed under fundamental error analysis, which requires proving the conduct was improper, harmful, incurable, and so damaged trial fairness that public interest demands a new trial.
[1] Trial conduct not objected to with a contemporaneous motion for mistrial is reviewed under fundamental error analysis, requiring the party to establish that the conduct w…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“absent a motion for a mistrial made contemporaneously with an objection, the conduct is subject to fundamental error analysis”
Citing Companioni v. City of Tampa regarding the procedural requirement for challenging trial conduct
The case involves an appeal in a matter between Violette Fields and R.J. Reynolds Tobacco Company.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Fundamental Error Analysis cases and more on FLexlaw
PER CURIAM.
Affirmed. See Companioni v. City of Tampa, 51 So. 3d 452, 454 (Fla. 2010) (holding that absent a motion for a mistrial made contemporaneously with an objection, the conduct is subject to fundamental error analysis); see also Murphy v. Int’l Robotic Sys., Inc., 766 So. 2d 1010, 1028-31 (Fla. 2000) (explaining that to establish fundamental error, the complained-of issue must be improper, harmful, incurable, and the party “must also establish that the argument so damaged the fairness of the trial that the public’s interest in our system of justice requires a new trial”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Murphy v. Int'l Robotic Sys., Inc., 766 So. 2d 1010 (Fla. 2000)
- Companioni v. City OF Tampa, 51 So. 3d 452 (Fla. 2010)