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Padilla v. Buell

District Court of Appeal of Florida, Third District
Sep 26, 2001
797 So. 2d 609 (Fla. Dist. Ct. App. 2001)

Opinion

No. 3D00-3226.

September 26, 2001.

An appeal from the Circuit Court for Miami-Dade County, Bernard S. Shapiro, J.

Paul J. Kneski, Miami, for appellant.

Burd, Lozano Zacherl, LLP, and William G. Burd, and John S. McPhee, Miami, for appellee.

Before LEVY, GREEN, and FLETCHER, JJ.


This is an appeal from a final judgment following a defense verdict in a property negligence action. The plaintiff abandoned his motion for new trial without having it heard, and thus seeks to overturn the jury's verdict.

We find that the failure of plaintiff's counsel to object with specificity to defense counsel's remarks during closing argument waived any error that might have occurred. See Sawczak v. Goldenberg, 710 So.2d 996, 997 (Fla. 4th DCA 1998). Moreover, the implied reference to insurance matters in this case was not fundamental error requiring reversal. See Melara v. Cicione, 712 So.2d 429, 431 (Fla. 3d DCA 1998).

We also find no abuse of discretion in the trial court's evidentiary rulings. Therefore, we affirm.


Summaries of

Padilla v. Buell

District Court of Appeal of Florida, Third District
Sep 26, 2001
797 So. 2d 609 (Fla. Dist. Ct. App. 2001)
Case details for

Padilla v. Buell

Case Details

Full title:Fulgencio PADILLA, Sr., Appellant, v. Donald BUELL, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Sep 26, 2001

Citations

797 So. 2d 609 (Fla. Dist. Ct. App. 2001)

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