Opinion
No. 63-614.
April 28, 1964. Rehearing Denied May 19, 1964.
Appeal from Circuit Court, Dade County; Hal P. Dekle, Judge.
Kneale, Roberts, Kneale Starkweather, Miami, for appellant.
Rollo E. Karkeet, Miami, and Kenneth A. Wolis, No. Miami, for appellee.
Before BARKDULL, C.J., and HORTON and TILLMAN PEARSON, JJ.
The trial judge granted a new trial in a paternity suit. This appeal is brought pursuant to § 59.04, Fla. Stat., F.S.A. The grounds assigned for the granting of the motion for new trial are (1) improper comments of defendant's counsel in closing argument; (2) the trial of the cause went off on two related tangents which resulted in over-emphasis on these points to such a degree that there was not a fair consideration of the material issue; (3) the jury was confused by the conduct of an experiment; (4) that these errors resulted in the miscarriage of justice.
The order is affirmed under the rules stated in Cloud v. Fallis, Fla. 1959, 110 So.2d 669; Simpson v. Clay, Fla.App. 1962, 139 So.2d 494.
Affirmed.