London v. Dubrovin

Appellant Ruvim London appeals the trial court’s order that granted a new trial for cumulative unfair surprise and improper closing argument. We reverse because there was no cumulative surprise that resulted in prejudice to appellees Vladimir Dubrovin, et al, (“Dubrovin”) and any prejudice could have been cured before trial.

London filed his second amended complaint on April 5, 2012, asserting fourteen causes of action against Dubrovin. On August 29, 2012, the trial court set trial for April 30, 2013, and issued a uniform order setting the case for jury trial. On April 30, 2013, the first day…