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Ashby v. Rendezvous Farms

District Court of Appeal of Florida, Fifth District
Apr 2, 1980
381 So. 2d 755 (Fla. Dist. Ct. App. 1980)

Summary

finding that the comment in closing argument, over objection, that no arrest had been made or anyone convicted as a result of the fire was prejudicial and warrants a new trial on the issue of liability

Summary of this case from Brawner v. Allstate Indemnity Company

Opinion

No. 78-2580/T4-317.

April 2, 1980.

Appeal from the Circuit Court, Brevard County, Thomas R. Waddell, J.

Brian D. Hill and Larry J. Townsend of Maguire, Voorhis Wells, P.A., Orlando, for appellant.

Kendall T. Moran of Moran Wasileski, Titusville, for appellee.


Upon consideration of the record on appeal, briefs and argument of counsel for the respective parties, we determine that the comment made by Appellee's counsel in closing argument over objection that no arrest had been made or anyone convicted as a result of the fire was prejudicial. Thus the trial court erred in not granting Appellant's motion for a new trial as to the issue of liability. Royal Indemnity Co. v. Muscato, 305 So.2d 228 (Fla. 4th DCA 1974); Eggers v. Phillips Hardware Company, 88 So.2d 507 (Fla. 1956).

Accordingly, the final judgment is reversed and the cause remanded for a new trial limited solely to the issue of liability of the defendant for plaintiff's damages, the extent of which damages has been determined.

REVERSED AND REMANDED.

DAUKSCH, C.J., and CROSS and ORFINGER, JJ., concur.


Summaries of

Ashby v. Rendezvous Farms

District Court of Appeal of Florida, Fifth District
Apr 2, 1980
381 So. 2d 755 (Fla. Dist. Ct. App. 1980)

finding that the comment in closing argument, over objection, that no arrest had been made or anyone convicted as a result of the fire was prejudicial and warrants a new trial on the issue of liability

Summary of this case from Brawner v. Allstate Indemnity Company
Case details for

Ashby v. Rendezvous Farms

Case Details

Full title:BRIAN R. ASHBY, ONE OF THE UNDERWRITERS AT LLOYD'S LONDON, APPELLANT, v…

Court:District Court of Appeal of Florida, Fifth District

Date published: Apr 2, 1980

Citations

381 So. 2d 755 (Fla. Dist. Ct. App. 1980)

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