WILLIE HARDEE, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Schoeff v. R.J. Reynolds Tobacco Co., 232 So. 3d 294 (Fla. 2017)
  …l to or in excess of those requested by counsel in closing argument.” Lopez v. Cohen, 406 So. 2d 1253, 1256 (Fla. 4th DCA 1981) (citing Braddock v. Seaboard Air Line R.R. Co., 80 So. 2d 662 (Fla. 1955)); see also Philip Morris USA, Inc. v. Cuculino, 165 So. 3d 36, 39 (Fla. 3d DCA 2015). In reviewing Mrs. Schoeffs award, the trial court found that the award was not influenced by undue passion or prejudice against the defendant, see section 768,74(5)(a), • Florida Statutes, and found that the award did not wa…
• Philip Morris USA, Inc. v. Ledoux, 230 So. 3d 530 (Fla. 3d DCA 2017)
  …land what he truly wanted, the argument was presented in an overly-dramatic manner such that it could evoke the jury’s sympathy. We have expressed in prior opinions the impropriety of similar arguments. See e.g., Philip Morris USA, Inc. v. Cuculino, 165 So. 3d 36, 38 (Fla. 3d DCA 2015). But while we conclude that these arguments were improper, we also conclude that the trial court properly denied Defendants’ motion for mistrial and motion for new trial. We address Comments Number One and Three together, as…
• R.J. Reynolds Tobacco Co. v. Schleider, 273 So. 3d 63 (Fla. 3d DCA 2018)
  …, 1162 (11th Cir. 2008) ). Here, the awards do precisely that. The award of $15 million is indeed higher than awards in the $10 to $12.5 million range previously upheld by this and other courts. See, e.g., [*73] Philip Morris USA, Inc. v. Cuculino, 165 So. 3d 36, 39 (Fla. 3d DCA 2015) (upholding $12.5 million verdict)5 ; Alexander, 123 So. 3d at 76-79 (upholding trial court's reduction of $20 million verdict to $10 million); Philip Morris USA, Inc. v. Kayton, 104 So. 3d 1145, 1147 (Fla. 4th DCA 2012) (uphol…