CIRA PORTA AND HER HUSBAND, GUSTAVO PORTA, APPELLANTS/CROSS-APPELLEES,
v.
RAMIRO ARANGO, APPELLEE/CROSS-APPELLANT
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PER CURIAM.
Cira Porta and her husband, Gustavo Porta, plaintiffs below, appeal a final judgment in a slip-and-fall case. Defendant Ramiro Arango cross-appeals an order granting additur. Plaintiffs’ objection to defendant’s closing argument is preserved for appellate purposes. Goff v. 392208 Ontario, Ltd., 539 So. 2d 1158, 1159 (Fla. 3d DCA 1989).
We agree with the trial court that the remark was ambiguous.
The trial court had the benefit of hearing the remark in the context and manner in which it was delivered. That being so, we conclude that the trial court did not abuse its discretion in finding that the remark did not rise to the level of violating the prohibition on “golden rule” argument. See generally Coral Gables Hospital, Inc. v. Zabala, 520 So. 2d 653 (Fla. 3d DCA 1988). The motion for new trial was properly denied on that basis, and was properly denied on the basis of the Portas’ alternative argument as well.
Accordingly, we affirm. As to the cross-appeal, we also affirm.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Polite v. State, 754 So. 2d 859 (Fla. 3d DCA 2000)…ic to and give benefit of doubt to woman); Coney v. State, 643 So. 2d 654 (Fla. 3d DCA 1994) (error not to excuse juror who demonstrated that she had a preconceived belief that a victim in particular case would only tell the truth); Duncan v. State, 588 So. 2d 50 (Fla. 3d DCA 1991) (state properly confessed error where two jurors admitted their bias in favor of the credibility of police officers); Mann v. State, 571 So. 2d 551 (Fla. 3d DCA 1990) (state properly confessed error where trial court failed to exc…
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Smith v. State, 699 So. 2d 629 (Fla. 1997)…ed credence to a law enforcement officer’s testimony simply because of his official status, Chavez, the relevant inquiry is whether the juror ultimately will consider the evidence presented and render an unbiased decision. Lusk; cf. Duncan v. State, 588 So. 2d 50 (Fla. 3d DCA 1991) (in light of State’s confession of error, finding error in failure to grant- challenges for cause as to jurors who admitted bias in favor of credibility of police officers). Based upon our review of the voir dire record concernin…
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Rhoan Clayton v. State, 616 So. 2d 615 (Fla. 4th DCA 1993)…juror. The juror in question expressed a steadfast and clear bias in favor of the credibility of police officers. The failure to excuse such a juror for cause is manifest error. See Mann v. State, 571 So. 2d 551 (Fla. 3d DCA 1990); Duncan v. State, 588 So. 2d 50 (Fla. 3d DCA 1991). . No reasonable view of the facts found by the trial judge in this case supports a conclusion that the officer did possess the requisite reasonably founded suspicion necessary to justify a stop. See § 901.151, Fla.Stat. (1991);…
Authorities Cited
- Goff v. 392208 Ontario Ltd. & 97897 Canada, Ltd., 539 So. 2d 1158 (Fla. 3d DCA 1989)
- Coral Gables Hosp., Inc. v. Zabala, 520 So. 2d 653 (Fla. 3d DCA 1988)