City of Tampa v. COMPANIONI

ON REMAND FROM THE SUPREME COURT OF FLORIDA

KELLY, Judge.

In Companioni v. City of Tampa, 51 So.3d 452, 456 (Fla.2010), the supreme court quashed our decision in City of Tampa v. Companioni, 26 So.3d 598 (Fla. 2d DCA 2009), and held that a party seeking a new trial based on the cumulative misconduct of opposing counsel must not only object to each instance of misconduct, but, if the objection is sustained, must also move for a mistrial in order to preserve the issue for the purposes of a motion for a new trial. Absent preservation in this manner, the conduct is subject to a fundamental error…