JULIO MEDINA LARA, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Airport Rent-A-Car, Inc. v. Jewel McNeal Lewis, 701 So. 2d 893 (Fla. 4th DCA 1997)
  …DCA), rev. denied, 624 So. 2d 264 (Fla.1993). Generally, where an argument is not otherwise inflammatory or egregious, an isolated statement is only harmful if coupled with an argument for punitive damages. See Florida Crushed Stone Co. v. Johnson, 546 So. 2d 1102 (Fla. 5th DCA 1989); Eagle-Picker Indus., Inc. v. Cox, 481 So. 2d 517, 519 n. 1 (Fla. 3d DCA 1985), rev. denied, 492 So. 2d 1331 (Fla.1986). Counsel’s caveat to the jury, “I wish you could punish [appellants], but you can’t,” did not mitigate the pr…
• Blue Grass Shows, Inc. v. Collins, 614 So. 2d 626 (Fla. 1st DCA 1993)
  …nt an argument which has been unequivocally and repeatedly condemned, we note that appellee’s counsel did not follow his improper remark with a suggestion or request that the jury should punish the appellant. In Florida Crushed Stone Co. v. Johnson, 546 So. 2d 1102 (Fla. 5th DCA 1989), the court noted it would not reverse on the ground that a conscience of the community argument had been made at trial, even- if the issue had been properly preserved for appellate review, because the improper comment was not fol…
• Scott v. The Est. OF Todd Barrett Myers, 871 So. 2d 947 (Fla. 1st DCA 2004)
  …y the estate and the survivors are enumerated by statute. See § 768.21, Fla. Stat. (2001). However, the damages allowed the estate are separate and distinct from damages recoverable by the deceased’s survivors. See Fla. Crushed Stone Co. v. Johnson, 546 So. 2d 1102 (Fla. 5th DCA 1989). Proceeds from [*949] a wrongful death action are not for the benefit of the estate, and are not subject to estate claims. See Estate of Barton v. Poole, 631 So. 2d 315, 316 (Fla. 2d DCA 1994). Rather, they are the property of th…

Authorities Cited

• State v. Slappy, 522 So. 2d 18 (Fla. 1988)