EARL HOLLIS, INC., APPELLANT,
v.
FRASER MORTGAGE COMPANY, ETC., APPELLEE
PER CURIAM.
While the final argument of defendant’s counsel was egregiously improper, we find that the plaintiff specifically waived the right to a mistrial on that ground below and therefore may not insist upon the issue on appeal. Diaz v. Rodriguez, 384 So. 2d 906 (Fla. 3d DCA 1980); 3 Fla.Jur.2d Appellate Review § 292 (1978); see State v, Cumbie, 380 So. 2d 1031 (Fla.1980). The other points raised present no error. AFFIRMED.
GLICKSTEIN, J., and SCHWARTZ, ALAN R., Associate Judge, concur. LETTS, C. J., dissents with opinion.
LETTS, Chief Judge,
dissenting.
I do not agree that the plaintiff “specifically waived the right to a mistrial.” The colloquy in substance consisted of an enquiry by plaintiff’s counsel as to whether the judge would postpone a ruling on any motion for a mistrial. To this the judge responded in the negative. In my view no motion for a mistrial was ever actually made to be waived. An actual motion for mistrial was not required under the facts of this case according to Nelson v. Reliance Insurance Company, 368 So. 2d 361 (Fla. 4th DCA 1978) and Seguin v. Hauser Motor Company, 350 So. 2d 1089 (Fla. 4th DCA 1977).
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ED Ricke & Sons, Inc. v. Green, 468 So. 2d 908 (Fla. 1985)…ADKINS, Justice. We review the opinion of the Third District Court of Appeal in Green v. Ed Ricke and Sons, Inc., 488 So. 2d 25 (Fla. 3d DCA 1983), which directly conflicts with Earl Hollis Inc. v. Frasier Mortgage Co., 403 So. 2d 1038 (Fla. 4th DCA 1981), on the same point of law. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. On March 13, 1977, three-year-old Demetrius Green was scalded over most of his body when he fell into a deep puddle of boiling water. The water had…1 / 2
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Fridovich v. Fridovich, 573 So. 2d 65 (Fla. 4th DCA 1990)…pted to eliminate him permanently. Furthermore, their purpose could only be accomplished through a murder conviction, because a manslaughter conviction would not prevent appellant from participation in his father’s estate. Nable v. Godfrey’s Estate, 403 So. 2d 1038 (Fla. 5th DCA 1981). In Metropolitan Life Insurance Co. v. McCarson, 467 So. 2d 277 (Fla.1985), the Supreme Court adopted the Restatement (Second) of Torts, § 46 (1965) which provides: § 46 Outrageous Conduct Causing Severe Emotional Distress. (1…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Cumbie, 380 So. 2d 1031 (Fla. 1980)
- Maynard Nelson and Myrtle Nelson v. Reliance Ins. Co., 368 So. 2d 361 (Fla. 4th DCA 1978)
- Bismark Diaz & Bis D. Corp. v. Osmel R. Rodriguez, 384 So. 2d 906 (Fla. 3d DCA 1980)
- Seguin v. Hauser Motor Co., 350 So. 2d 1089 (Fla. 4th DCA 1977)