RHONDA KIRKENDALL F/K/A RHONDA GOUDIE, APPELLANT,
v.
MARGARET E. COOK, DIANE SMITH AND METROPOLITAN CASUALTY INSURANCE COMPANY, A FOREIGN PROFIT CORPORATION, APPELLEES

Fla. 4th DCA | 2010-04-14
No. 4D08-4288
GROSS, C.J., POLEN and STEVENSON, JJ., concur.
33 So. 3d 751 Florida District Court of Appeal, Fourth District (2010) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Rooney v. Lawrence E. Hannon, M.D., P.A., 732 So.2d 408, 411 (Fla. 4th DCA 1999) (indicating that “it is simply unfair to allow a party to hold back an objection like a trump card, ready to be played in the event of an unfavorable verdict”); Jenkins v. State, 732 So.2d 1185 (Fla. 4th DCA 1999).

GROSS, C.J., POLEN and STEVENSON, JJ., concur.


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  • Lyons v. State, 197 So. 3d 1257 (Fla. 5th DCA 2016)
    …is alleged misconduct until after his jury reached a verdict and was excused. To preserve this issue for purposes of a motion for new trial on appeal, the defendant must timely bring the misconduct to the trial court’s attention. Kirkendall v. Cook, 33 So. 3d 751, 752 (Fla. 4th DCA 2010) (citing Rooney v. Hannon, 732 So. 2d 408, 411 (Fla. 4th DCA 1999); Jenkins v. State, 732 So. 2d 1185, 1187 (Fla. 4th DCA 1999)); Snook v. State, 478 So. 2d 403, 404-05 (Fla. 3d. DCA 1985). Lyons was aware of the alleged misc…

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