EDWIN SERRANO, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Samuels v. Torres, 29 So. 3d 1193 (Fla. 5th DCA 2010)
  …o be irrelevant to the issue of compensatory damages in a personal injury case based on negligence, highly prejudicial because it diverts the jury from a fair assessment of damages, and a basis for reversal. Hollenbeck; Revuelta; Padrino v. Resnick, 615 So. 2d 698, 698-99 (Fla. 3d DCA 1992); Batlemento; Ballard v. Am. Land Cruisers, Inc., 537 So. 2d 1018, 1020 n. 4 (Fla. 3d DCA 1988); see also Sossa v. Newman, 647 So. 2d 1018, 1019-20 (Fla. 4th DCA 1994). When counsel for Torres revealed the meager income of…
• Edwards v. Orkin Exterminating Co., Inc., 718 So. 2d 881 (Fla. 3d DCA 1998)
  …d against Edwards because of the irrelevant and inad-missable evidence that Orkin introduced. See Porter v. Vista Bldg. Maintenance Servs., Inc., 630 So. 2d 205, 206 (Fla. 3d DCA 1993), review denied, 640 So. 2d 1109 (Fla. 1994); Padrino v. Resnick, 615 So. 2d 698, 699 (Fla. 3d DCA 1992); Ballard v. American Land Cruisers, Inc., 537 So. 2d 1018, 1020 (Fla. 3d DCA 1988), review denied, 545 So. 2d 1366 (Fla.1989). Thus, we remand this case for a new trial on the issue of damages. We reverse the directed verdic…
• Hollenbeck v. Hooks, 993 So. 2d 50 (Fla. 1st DCA 2008)
  …motion for new trial. Counsel’s misleading statement implied that an award of damages would be paid solely by the individual and was nothing less than an appeal to the jury to protect that individual from a harmful verdict. See Padrino v. Resnick, 615 So. 2d 698 (Fla. 3d DCA 1992). As the trial court noted, a jury trial must be focused solely on the merits of the case, and it is not appropriate to appeal to a jury’s sympathy; appeals to sympathy and attempts to inject a party’s wealth, or lack thereof, are…

Authorities Cited

• Frazier v. State, 447 So. 2d 959 (Fla. 1st DCA 1984)