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State Farm Mut. Auto. Ins. Co. v. Knapp

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Dec 11, 2020
308 So. 3d 689 (Fla. Dist. Ct. App. 2020)

Opinion

Case No. 5D19-2219

12-11-2020

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. David C. KNAPP and Logan K. Atkinson, Appellees.

Warren B. Kwavnick and Kelly Lenahan, of Cooney Trybus Kwavnick Peets, PLC, Fort Lauderdale, for Appellant. Christopher V. Carlyle, of The Carlyle Appellate Law Firm, Orlando, and Andrew B. Pickett, of Andrew Pickett Law, PLLC, Melbourne, for Appellee David C. Knapp. No Appearance for Appellee Logan K. Atkinson.


Warren B. Kwavnick and Kelly Lenahan, of Cooney Trybus Kwavnick Peets, PLC, Fort Lauderdale, for Appellant.

Christopher V. Carlyle, of The Carlyle Appellate Law Firm, Orlando, and Andrew B. Pickett, of Andrew Pickett Law, PLLC, Melbourne, for Appellee David C. Knapp.

No Appearance for Appellee Logan K. Atkinson.

PER CURIAM. In this action for uninsured motorist benefits, State Farm Automobile Insurance Company ("State Farm") appeals an adverse final judgment. We agree with State Farm that it was improper for plaintiff's counsel to suggest to prospective jurors that empathy was a proper consideration in reaching a verdict. See, e.g. , Joe v. State , 617 So. 2d 843 (Fla. 4th DCA 1993) (disapproving trial court's instruction attempting to draw a distinction between sympathy and empathy). However, we conclude that the trial court's denial of State Farm's ensuing motion for mistrial was not an abuse of discretion. We affirm, without discussion, as to the other issues raised on appeal.

AFFIRMED.

EVANDER, C.J., LAMBERT and HARRIS, JJ., concur.


Summaries of

State Farm Mut. Auto. Ins. Co. v. Knapp

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Dec 11, 2020
308 So. 3d 689 (Fla. Dist. Ct. App. 2020)
Case details for

State Farm Mut. Auto. Ins. Co. v. Knapp

Case Details

Full title:STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. DAVID C…

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Dec 11, 2020

Citations

308 So. 3d 689 (Fla. Dist. Ct. App. 2020)