MARVIN WOODHAM AND PAULINE WOODHAM, APPELLANTS,
v.
LOUISE M. ROY, J & L ROY, INC., AND UTICA MUTUAL INSURANCE COMPANY, APPELLEES
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The court held that limiting closing arguments to twelve minutes in a complex civil case constituted an abuse of discretion, requiring reversal.
[1] A trial court abuses its discretion by unreasonably limiting the time for closing arguments, which must be reasonable and permit counsel adequate opportunity to relate fa…
[2] The reasonableness of time limits for closing arguments depends on the facts and circumstances of each case, including the length of the trial, number of witnesses, amoun…
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Join FLexlaw to unlock all legal intelligenceA civil suit for negligent procurement of insurance involved a complicated factual background and a claim for $30,000. The trial court limited closing…
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HURLEY, Judge.
The principal issue on appeal is whether the trial court erred by unduly limiting the time for closing argument. Under the facts of this case, we conclude that twelve minutes — subdivided by counsel into eight minutes for opening and four minutes for closing — were palpably insufficient, constituting an abuse of discretion. Thus, we reverse.
This was a civil suit for negligent procurement of insurance. It arose out of a complicated fact pattern in which an insured sustained a money judgment which exceeded his insurance coverage. He then instituted the present suit against his insurance agent and the agent’s carrier, contending that the agent had a duty to advise him about the availability of higher coverage. The case was tried to a jury.
At the conclusion of the first day of trial, the court informed counsel that it had to leave early the next afternoon and stated, “I assume by then you will finish the case.” Then, referring to closing argument, the court stated, “I wouldn’t think you would need more than 20 or 30 minutes for argument.” Defendant/appellee’s counsel responded, “I would say 30 minutes would be sufficient.” Plaintiff/appellant’s counsel stated, “It will take about a half an hour, 45 minutes.” Nothing more was said on this issue.
Next morning, the defendant insurance agent testified. Her cross-examination was interrupted by several unreported sidebar conferences and, at the conclusion of cross-examination, plaintiff/appellant’s counsel stated:
Your Honor, can we go on the record, please? I just want it on Plaintiff’s evidence being limited on cross-examination, and I felt I was cut off and didn’t get an opportunity to fully cross-examine, and also, as referred by the Court during that cross-examination, as it went on, my closing argument will be cut accordingly. Originally, we had said it would be 30 minutes and now it comes to 12 minutes.1
At this point, defendant/appellee’s counsel also objected to the twelve minute limitation on closing argument. Nonetheless, the court adhered to its position. Thereafter, the jury returned a defense verdict and this appeal ensued.
Addressing time limits placed on closing argument in a criminal case, the Florida Supreme Court stated:
[T]he limitation of the time for argument must of necessity, within reasonable bounds, rest in the discretion of the trial court. This is the general rule. The right may be waived, but, when requested, reasonable time must be allowed. The question to be determined is what is reasonable time, and this depends upon the facts and circumstances of each case. No hard and fast rule can be prescribed. But, if it appear that the time for argument is unreasonably limited, such action will be held an abuse of discretion, requiring a reversal of the judgment for new trial.
May v. State, 89 Fla. 78, 103 So. 115, 116 (1925); see also Foster v. State, 464 So. 2d 1214 (Fla. 3d DCA 1984); Stanley v. State, 453 So. 2d 530 (Fla. 5th DCA 1984); Neal v. State, 451 So. 2d 1058 (Fla. 5th DCA 1984).
The fact that this is a civil proceeding does not mean that justice can be administered arbitrarily with a stopwatch. On the contrary, the rule of informed discretion announced in May v. State, supra, applies with equal force. See Daniel v. Rogers, 72 So. 2d 391 (Fla.1954); Potock v. Turek, 227 So. 2d 724 (Fla. 3d DCA 1969), cert. dismissed, 238 So. 2d 106 (Fla.1970). In establishing the appropriate time limitation for closing argument, the court should consider the following factors: length of trial, number of witnesses, amount of evidence, importance of the case, number and complexity of issues, amount involved and press of time. In all events, the time must be reasonable and should permit counsel an adequate opportunity to relate the factual argument to the governing principles of law. See United States v. Sawyer, 443 F. 2d 712 (D.C.Cir.1971).
The case at bar emerged from a complicated factual background and involved a claim for $30,000. It took a day and a half to select a jury and try the case. Although only three’ witnesses testified, one was an expert on insurance practices. Also, multiple written exhibits were introduced. All in all, this was not a simple case. Indeed, the trial court itself expressed the view that at least twenty minutes per side was appropriate for closing argument. Moreover, it appears that the court changed the announced time allocation during the closing moments of the defendant’s case, long after both parties had prepared to argue for a substantially longer period of time.
Under these circumstances, we have no hesitancy in holding that the court’s allocation of twelve minutes for plaintiff/appellant’s closing argument constituted an abuse of discretion. Consequently, we reverse and remand for a new trial.
ANSTEAD, C.J., and SALMON, MICHAEL H., Associate Judge, concur. .- Plaintiffs counsel, in an affidavit filed in support of a motion for new trial, provided the following amplification: "During the course of my cross-examination of the Defendant ... I was instructed at sidebar by the presiding judge ... to hasten my cross-examination. Minutes later, while at sidebar I was again instructed ... to hasten my cross-examination. I was further instructed that the longer I continued with cross-examination, time would be deducted from my closing argument.”
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Pettry v. Pettry, 706 So. 2d 107 (Fla. 5th DCA 1998)…tal error. See Lopez v. Lopez, 689 So. 2d 1218, 1219, n. 1. Moreover, due process requires that a party be given the opportunity to present closing argument. Strong v. Mt Dora Growers Cooperative, 495 So. 2d 1238 (Fla. 5th DCA 1986); Woodham v. Roy, 471 So. 2d 132 (Fla. 4th DCA 1985); Chalk v. State, 443 So. 2d 421 (Fla.App. 1984). Perhaps the additional witnesses would not have impressed the court, but the husband had the right to present them and to argue his case at the conclusion of all the testimony. Den…
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Julia v. Julia, 146 So. 3d 516 (Fla. 4th DCA 2014)…end of the Husband’s case in violation of the guarantees of due process. Additionally, this Court has recognized that justice cannot be “administered arbitrarily with a stopwatch,” yet that is what happened in the instant case. See Woodham v. Roy, 471 So. 2d 132, 134 (Fla. 4th DCA 1985). Throughout the hearing, the trial court made it clear that it intended to complete the trial in one day without going much beyond 5:00 p.m. Although this goal is not inherently violative of due process, summarily shortening…
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Rodriguez v. State, 472 So. 2d 1294 (Fla. 5th DCA 1985)…ting many of these cases, the Fourth District Court of Appeal recently reversed a defense judgment in a civil case, and ordered a new trial, because the trial judge had restricted plaintiffs closing argument to twelve minutes. Woodham v. Roy, et at, 471 So. 2d 132 (Fla. 4th DCA 1985). . In Foster v. State, 464 So. 2d 1214 (Fla. 3d DCA 1985), on motion for clarification, the Third District Court of Appeal comes close to holding that in the ordinary felony case, a restriction of final argument to less than 30…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- May v. State, 89 Fla. 78 (Fla. 1925)
- Neal v. State, 451 So. 2d 1058 (Fla. 5th DCA 1984)
- United States v. Sawyer, 443 F.2d 712 (D.C. Cir. 1971)
- Foster v. State, 464 So. 2d 1214 (Fla. 3d DCA 1984)
- Stanley v. State, 453 So. 2d 530 (Fla. 5th DCA 1984)
- Madonna Potock v. Samuel L. Turek, M.D., 227 So. 2d 724 (Fla. 3d DCA 1969)
- Daniel v. Rogers, 72 So. 2d 391 (Fla. 1954)
- Fla. Credit Union League, Inc. v. Stanley, 238 So. 2d 106 (Fla. 1970)
- Flowers v. Miskoff, 238 So. 2d 106 (Fla. 1970)