Legal Opinion

Dismex Food, Inc. v. Harris

District Court of Appeal of Florida

Decided June 1, 2016No. 3D14-1461Published

1Opinion of the CourtRothenberg, J.

Dismex Food, Inc. and Elkin 0. Tellez (collectively, “the defendants”) appeal the trial court’s final order granting Bobby U. Harris’s (“Harris”) motion for a new trial, which was based on the trial court’s finding that Harris was prejudiced and denied a fair trial by the cumulative effect of defense counsel’s violation of the sequestration rule and the defense witness’s violation of the trial court’s ruling confining his testimony to the opinions in his report. Because this finding is not supported by the evidence in the record, we reverse the order granting Harris a new trial.

BACKGROUND

In…

2Cases cited8 opinions

  1. Steinhorst v. StateSupreme Court of Florida · 1982
  2. Allstate Ins. Co. v. ManasseSupreme Court of Florida · 1998
  3. Mendoza v. StateSupreme Court of Florida · 2007
  4. Wright v. StateSupreme Court of Florida · 1985
  5. Moore v. GillettDistrict Court of Appeal of Florida · 2012

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