Garcia v. American Income Life Insurance Co.

This is an appeal by the plaintiffs Marta and Luis G. Garcia from a final judgment entered upon an adverse jury verdict in an action brought to collect on an insurance policy. We affirm.

First, we are not persuaded that defense counsel’s abbreviated remarks to the jury concerning the motivation for this action mandated a mistrial because (a) a proper cautionary instruction cured any impropriety in counsel’s remarks during opening statement, and (b) counsel’s remarks during closing argument were, at worst, harmless in nature. See Brumage v. Plummer, 502 So.2d 966, 969 (Fla. 3d DCA), rev.…