ALBERTO VILLARRUEL AND HAROLD SAWELSON, APPELLANTS,
v.
DUET WARREN, APPELLEE
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PER CURIAM.
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 plaintiffs 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.
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HTP, Ltd. v. Lineas Aereas Costarricenses, S.A., 634 So. 2d 724 (Fla. 3d DCA 1994)…ered to be produced were not shown to be reasonably related to any actual issue in the cause, we grant certiorari and quash the order under review. Fla.R.Civ.P. 1.280(b)(1); Comprehensive American Care, Inc. v. Health Care Center of Homestead, Inc., 578 So. 2d 898 (Fla. 3d DCA 1991); see Graphic Assocs., Inc. v. Riviana Restaurant Corp., 461 So. 2d 1011 (Fla. 4th DCA 1984). Certiorari granted. . Additionally, respondents no longer need to pursue pre-trial discovery for the purpose of substantiating their…
Authorities Cited
- Borden, Inc. v. Young, 479 So. 2d 850 (Fla. 3d DCA 1985)
- Ralph Maercks, M.D. & Ralph Maercks, M.D., P.A. v. Birchansky, 549 So. 2d 199 (Fla. 3d DCA 1989)
- SUN Supermarkets, Inc. v. Fields, 568 So. 2d 480 (Fla. 3d DCA 1990)