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Villarruel v. Warren

District Court of Appeal of Florida, Third District
May 7, 1991
578 So. 2d 898 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-1033.

May 7, 1991.

An Appeal from the Circuit Court for Dade County; Philip Bloom, Judge.

Barnett, Clark Barnard and Steven M. Barnard, Miami, for appellants.

Franklin D. Kreutzer and Thomas Gregory Alberts, Miami, for appellee.

Before SCHWARTZ, C.J., and BASKIN and GODERICH, JJ.


Alberto Villarruel and Harold Sawelson, defendants in a personal injury action, appeal a final judgment awarding plaintiff damages. We reverse.

Defendants challenge the trial court's denial of the motions for mistrial made during and after plaintiff's closing argument and after objections to certain of counsel's prejudicial and inflammatory remarks. Although the court sustained the objections, we hold that the nature of the derogatory remarks about opposing counsel warranted a mistrial. Sun Supermarkets, Inc. v. Fields, 568 So.2d 480 (Fla. 3d DCA 1990); Maercks v. Birchansky, 549 So.2d 199 (Fla. 3d DCA 1989); see Borden, Inc. v. Young, 479 So.2d 850 (Fla. 3d DCA 1985), review denied, 488 So.2d 832 (Fla. 1986). We therefore reverse the final judgment and remand for a new trial.

Our disposition of this issue renders it unnecessary for us to reach the remaining issue.

Reversed and remanded.


Summaries of

Villarruel v. Warren

District Court of Appeal of Florida, Third District
May 7, 1991
578 So. 2d 898 (Fla. Dist. Ct. App. 1991)
Case details for

Villarruel v. Warren

Case Details

Full title:ALBERTO VILLARRUEL AND HAROLD SAWELSON, APPELLANTS, v. DUET WARREN…

Court:District Court of Appeal of Florida, Third District

Date published: May 7, 1991

Citations

578 So. 2d 898 (Fla. Dist. Ct. App. 1991)