WILLIAM SAYAD, APPELLANT,
v.
JAMES ALLEY, APPELLEE
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[*486] PER CURIAM.
We affirm the judgment for the plaintiff entered on a jury verdict in this intersection automobile accident case upon the holdings that (a) the trial court did not abuse its discretion in restricting the testimony of the defendant’s expert accident reconstructionist to subject matter which had been timely revealed in discovery and in precluding his opinion as to an area which had not, Binger v. King Pest Control, 401 So. 2d 1310 (Fla.1981); (b) the two passing references to “insurance” during the trial required at most a cautionary instruction and did not necessitate a mistrial, Carls Markets, Inc. v. Meyer, 69 So. 2d 789 (Fla.1953); Crowell v. Fink, 167 So. 2d 614 (Fla. 1st DCA 1964); and (c) any alleged error in the exclusion of a prior inconsistent statement by the plaintiff was not properly preserved below. See § 90.614(2), Fla. Stat. (1985); Hoctor v. Tucker, 432 So. 2d 1352, 1354-55 (Fla. 5th DCA 1983); Rezzarday v. West Florida Hospital, 462 So. 2d 470 (Fla. 1st DCA 1984); Diaz v. Rodriguez, 384 So. 2d 906, 907 (Fla. 3d DCA 1980).
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Melara v. Cicione, 712 So. 2d 429 (Fla. 3d DCA 1998)…ere it was not renewed prior to jury being sworn). Since an improper reference to insurance matters in civil proceedings are not fundamental error requiring per se reversal, see Luster v. Moore, 78 So. 2d 87, 88 (Fla. 1955); see also Sayad v. Alley, 508 So. 2d 485, 486 (Fla. 3d DCA 1987), we conclude in accordance with Joiner, Mitchell, Milstein, Wallace, Green, Shilling and Pórtela that the appellants have failed to preserve this issue for appellate review. Finally, the appellants assign as error the denial…
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S. Motor Co. OF Dade Cnty. v. Accountable Constr. Co., 707 So. 2d 909 (Fla. 3d DCA 1998)…er v. Moore, 78 So. 2d 87, 88 (Fla.1955). Thus, improper references to insurance when coupled with a timely curative instruction may render such error completely harmless. See Luster, 78 So. 2d at 88; Carls Markets, 69 So. 2d at 793; Sayad v. Alley, 508 So. 2d 485, 486 (Fla. 3d DCA 1987). [*912] It is clear that the central issues of both the main action and counterclaim is whether either of the parties owed any money to the other under the terms of their oral “cost-plus” agreement. It is equally clear that t…
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Hollenbeck v. Hooks, 993 So. 2d 50 (Fla. 1st DCA 2008)…] one of the appellee’s treating physicians. Although this issue was arguably preserved, we deem this isolated and oblique reference to an insurance adjuster in this case to be nothing more than harmless error.” (footnotes omitted)); Sayad v. Alley, 508 So. 2d 485, 486 (Fla. 3d DCA 1987) (affirming judgment and explaining, among other things, “the two passing references to ‘insurance’ during the trial required at most a cautionary instruction and did not necessitate a mistrial”); Crowell v. Fink, 167 So. 2d 6…
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- Binger v. King Pest Control, 401 So. 2d 1310 (Fla. 1981)
- Carls Mkts., Inc. v. Meyer, 69 So. 2d 789 (Fla. 1953)
- Bismark Diaz & Bis D. Corp. v. Osmel R. Rodriguez, 384 So. 2d 906 (Fla. 3d DCA 1980)
- Hoctor v. Tucker, 432 So. 2d 1352 (Fla. 5th DCA 1983)
- Beulah B. Crowell v. Merrill Fink, 167 So. 2d 614 (Fla. 1st DCA 1964)
- Rezzarday v. W. Fla. Hosp., 462 So. 2d 470 (Fla. 1st DCA 1984)
- Worth Ave. Assocs., Ltd. v. The Twenty-Four Collection, Inc., 462 So. 2d 470 (Fla. 4th DCA 1984)