From Casetext: Smarter Legal Research

Murrell v. Lynch

District Court of Appeal of Florida, Third District
May 19, 1964
163 So. 2d 525 (Fla. Dist. Ct. App. 1964)

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.


Summaries of

Murrell v. Lynch

District Court of Appeal of Florida, Third District
May 19, 1964
163 So. 2d 525 (Fla. Dist. Ct. App. 1964)
Case details for

Murrell v. Lynch

Case Details

Full title:ROBERT E. MURRELL, APPELLANT, v. SUSAN LYNCH, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: May 19, 1964

Citations

163 So. 2d 525 (Fla. Dist. Ct. App. 1964)