Legal Opinion

Irizarry v. Moore

District Court of Appeal of Florida

Decided February 3, 2012No. 5D09-3207PublishedCited by 2 opinions

1Opinion of the CourtMonaco, J.

This is a troubling case. In the final analysis we conclude that trial counsel for the appellees, Dale R. Hightower, stepped over the behavioral bounds so frequently during the three-day trial of this case that a reversal is required. That is to say that while each individual defalcation of Mr. Hightower’s might not justify reversal, their totality surpasses the critical mass that compels us to order a new trial.

The appellant, Lucas Irizarry, was injured in an accident with a truck owned by appellee, Waste Management, Inc. of Florida, and driven by appellee, Kenneth O. Moore. The accident was…

Also in this document: Concurrence.

2Cases cited9 opinions

  1. Murphy v. International Robotic Systems, Inc.Supreme Court of Florida · 2000
  2. State Ex Rel. Garlovsky v. EastmooreDistrict Court of Appeal of Florida · 1981
  3. Murphy v. Intern. Robotics SystemsDistrict Court of Appeal of Florida · 1998
  4. Maksad v. KaskelDistrict Court of Appeal of Florida · 2002
  5. Johnnides v. Amoco Oil Co., Inc.District Court of Appeal of Florida · 2001

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3Cited by2 opinions

  1. Carnival Corp. v. JimenezDistrict Court of Appeal of Florida · 2013
  2. Adams v. BarkmanDistrict Court of Appeal of Florida · 2012

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