Opinion
3D21-0099
01-26-2022
Advanced X-Ray Analysis, Inc., a/a/o Antonio Gomes, Appellant, v. State Farm Mutual Automobile Insurance Company, Appellee.
Eiffert & Associates, P.A., and Crystal Eiffert and Robert Morris (Orlando), for appellant. Birnbaum, Lippman & Gregoire, PLLC, and Nancy W. Gregoire Stamper (Fort Lauderdale); Kirwan Spellacy Danner Watkins & Brownstein, P.A., and Christopher L. Kirwan and R. Ryan Smith (Fort Lauderdale), for appellee.
Not final until disposition of timely filed motion for rehearing.
An Appeal from the County Court for Miami-Dade County, Lower Tribunal Nos. 09-40129 CC & 20-60 AP Linda Singer Stein, Judge.
Eiffert & Associates, P.A., and Crystal Eiffert and Robert Morris (Orlando), for appellant.
Birnbaum, Lippman & Gregoire, PLLC, and Nancy W. Gregoire Stamper (Fort Lauderdale); Kirwan Spellacy Danner Watkins & Brownstein, P.A., and Christopher L. Kirwan and R. Ryan Smith (Fort Lauderdale), for appellee.
Before LOGUE, SCALES and GORDO, JJ.
PER CURIAM. 1
Affirmed. See Araujo v. Winn-Dixie Stores, Inc., 290 So.3d 936, 938 (Fla. 3d DCA 2019) ("A trial court's denial of a motion for mistrial and a motion for new trial . . . is reviewed for an abuse of discretion. 'Generally, a mistrial or new trial should be granted only when counsel's comments are so inflammatory and prejudicial that they deny the opposing party a fair trial.' When assessing the comments, '[c]ontext is crucial.'") (citations omitted); Philip Morris USA, Inc. v. Cuculino, 165 So.3d 36, 38-39 (Fla. 3d DCA 2015) (holding that, while counsel's improper comments during closing argument were not ones the appellate court condoned, nonetheless the comments were not so highly prejudicial and inflammatory that a party was denied a fair trial); Carnival Corp. v. Jimenez, 112 So.3d 513, 519 (Fla. 2d DCA 2013) (holding that, when alleged error arising from both improper closing argument and attorney misconduct during trial is unpreserved, a motion for a new trial must establish the argument or conduct was improper, harmful, incurable, and damaging to the fairness of the trial). 2