Garbutt v. Lafarnara

I do not believe that the certified question has been answered by Murphy v. International Robotic Systems, Inc., 766 So.2d 1010 (Fla.2000). Murphy involved a case of unobjected-to closing argument at trial. The Court in Murphy concluded that in order for a civil litigant to seek relief in the appellate court, the litigant must have “at least challenged such argument in the trial court by way of a motion for new trial even if no objection was voiced during trial.” Id. at 1027. Thus, the standard we enunciated in Murphy was based on a lack of objection to the closing argument prior to the jury…