Legal Opinion

Wyatt v. Marcus

District Court of Appeal of Florida

Decided March 7, 2007No. 3D05-1529Published

1Opinion of the Court

CORTIÑAS, Judge.

We review the trial court’s order granting a new trial based on numerous improper comments made by plaintiffs counsel during closing argument and the cumulative effect of those comments. A trial court’s decision to grant a new trial is reviewed for abuse of discretion. See Engle v. Liggett Group, Inc., 945 So.2d 1246, 1263 (Fla.2006); Murphy v. Int’l Robotic Sys. Inc., 766 So.2d 1010 (Fla.2000).

*1205In Murphy, the Florida Supreme Court addressed the factors which a trial court must consider when dealing with unobject-ed-to comments in closing argument. Murphy, 766 So.2d at 1028-31.…

2Cases cited3 opinions

  1. Engle v. Liggett Group, Inc.Supreme Court of Florida · 2006
  2. Murphy v. International Robotic Systems, Inc.Supreme Court of Florida · 2000
  3. Garbutt v. LaFarnaraDistrict Court of Appeal of Florida · 2001

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