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In City of Tampa v. Ramiro Companioni, 36 Fla. L. Weekly D2549a, (Fla. 2DCA November 23, 2011), the Florida Second District Court of Appeal held that for a new trial to be granted due to repeated misconduct of opposing counsel, the moving party must object each time and if the objection is sustained, move for a new trial on that basis. Failing to object and move for a new trial after each act of misconduct does not preserve the issue and the review of the misconduct is under a fundamental error analysis only. In that regard, a party is not entitled to a new trial unless there is a finding that the misconduct so damaged the fairness of the trial that the public's interest in the justice system requires a new trial.
About the Author: Patrick Russell, Esq. is a Miami lawyer with Russell Law involved in numerous Florida business and commercial litigation cases. Should you need help with a Florida business, commercial or contract law case, please feel free to call or contact us by This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
Related Topics:
Florida trial lawyer
Florida trial objections
Florida new trial motion
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