Primus v. Johnson

SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

FACTS

Appellants’ attorney made a reference to an insurance company in his opening statement at trial. Because of this reference, the trial court ordered a mistrial and awarded respondents their costs and disbursements. Appellants seek review of the order granting a mistrial and the judgment awarding costs and disbursements. This court questioned jurisdiction and directed the parties to file memoranda on the ap-pealability of the order and judgment. Respondents move to dismiss the appeal.

DECISION

The granting of a new trial for misconduct of counsel is a…