R.J. Reynolds Tobacco Co. v. Calloway

TAYLOR, J,

dissenting.

I respectfully dissent from the majority’s decision reversing the final judgment for the plaintiff. Although I agree that many of the comments-made by plaintiffs counsel were improper, I would find no abuse of discretion in the trial court’s ruling that they did not constitute a sufficient basis- for a mistrial. I would therefore affirm the trial court’s decision on this issue.

Trial courts have broad discretion in ruling on motions for a mistrial or new trial based on claims of improper argument. Whitney v. Milien, 125 So.3d 817, 818 (Fla. 4th DCA 2013); Philippon v.…