City of Tampa v. Ramiro Companioni, 36 Fla. L. Weekly D2549a, (Fla. 2DCA November 23, 2011)
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 email .
Related Topics:
Florida trial lawyer
Florida trial objections
Florida new trial motion
