H. I. HOLDING COMPANY, A FLORIDA CORPORATION, APPELLANT,
v.
DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLEE
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H.I. Holding Company appealed a final judgment in an eminent domain proceeding, challenging the trial court's evidentiary rulings, statements made by opposing counsel, and jury instructions. The Florida District Court of Appeal affirmed the judgment, finding no abuse of discretion or grounds for reversal in any of the three assignments of error.
The court affirmed the trial court's judgment on all three grounds. First, cross-examination scope is within the trial court's discretion and the court did not abuse its discretion since the witness's employment and compensation by petitioner was already admitted. Second, improper argument statements do not warrant reversal or mistrial unless they are highly prejudicial and inflammatory, and defendant's failure to timely object precluded relief. Third, the requested instruction was properly refused because it was fully covered by instructions the court had already given.
“It is within the reasonable discretion of the court to determine to what length it will go in permitting cross-examination of a witness for the purpose of showing interest, bias or prejudice of the witness.”
Establishes the trial court's broad discretionary authority over the scope of cross-examination, which reviewers will not disturb absent abuse.
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Join FLexlaw to unlock all legal intelligenceThis case arose from an eminent domain proceeding where the trial court sustained an objection to cross-examination of an expert witness about compens…
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This appeal is from a final judgment entered in an eminent domain proceeding..
As a basis for error in the lower court,, the appellant, defendant below, relies primarily upon the following:
1. The sustaining of an objection by attorney for petitioner to a question by attorney for defendant directed upon cross-examination to one of the petitioner’s expert witnesses, which question made inquiry regarding the amount the witness was receiving fi-om petitioner for his services..
2. Certain statements made in argument before jury by attorney for petitioner.
3. Denial of defendant’s request for an-instruction by the court that the jury was-not to consider as compensation any of the-benefits from the proposed improvement as an offset to any of the defendant’s resulting damages.
It is within the reasonable discretion of the court to determine to what length it will go in permitting cross-examination of a witness for the purpose of showing interest, bias or prejudice of the witness. Pan-*695dula v. Fonseca, 145 Fla. 395, 199 So. 358. It was admitted that the witness was employed and being paid by the petitioner. More important than the amount of pay would have been the manner or method ■of pay or whether or not the witness was a full time employee. No inquiry along this line was conducted by defendant. The trial judge is vested with considerable discretion in regulating and controlling the manner ■of examination of- witnesses, and his exercise of that discretion will not be disturbed unless it has been abused or substantial harm has been done to the complaining party. 58 Am.Jur., Witnesses, Sec. 555. In this case there appears to have been no abuse of discretion by the court nor does any substantial harm appear to have resulted. As for the second basis for error, it should first be noted that no objection was made to the particular statements complained about at the time the statements were made. At the conclusion of petitioner’s argument the attorney for the defendant moved for a mistrial because of the statements and then, after the court had instructed the jury, again moved for a mistrial for the same reason. Both motions were denied.
It is felt that some of counsel’s statements went beyond the realm of proper argument. This alone, however, does not justify the granting of a motion for mistrial nor does it furnish grounds for reversal and a new trial. It is the duty of opposing counsel to object at the time of the abuse of the privilege of argument. Jenkins et al. v. State, 35 Fla. 737, 18 So. 182; Gaines v. State, 97 Fla. 908, 122 So. 525. Also, numerous other Florida case law supports this position. This gives the court an opportunity to rule upon the objection and to instruct the jury at the same time, so as to remove any effect of the statement.
In any event, improper statements in arguments before a jury will not be considered grounds for mistrial, reversal or new trial unless they are highly prejudicial and inflammatory. Apalachicola Northern Railroad Company v. Tyus, Fla.App.1959, 114 So.2d 33; Rogers et al. v. State, 158 Fla. 582, 30 So.2d 625. It cannot be said that the remarks of counsel in this case were of such a nature and certainly any effect such remarks might have had upon the jury could have been cured by timely objection and an appropriate instruction to the jury. The lower court was not in error for denying defendant’s motion for a new trial upon this ground.
As for the third basis for assignment of error, there appears to be no foundation for the same. The instruction requested had already been fully covered by the court’s instructions. A requested instruction, even though it states the law correctly, is properly refused where it is fully covered by other instructions given. 32 Fla.Jur., Trial, § 151. Also see numerous case law cited under'footnote (6) thereof.
The judgment should be and is affirmed.
HORTON, C. J., and CARROLL, CHAS., J., concur.
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Citator
Cited By (33 total)
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Solutec Corp. v. Young & Lawrence Assocs., Inc., 243 So. 2d 605 (Fla. 4th DCA 1971)…each instance admonish the jury to base its verdict solely on the evidence in the case, but also that the argument of counsel was not such as could fairly be said to be prejudicial or inflammatory. Cf. H. I. Holding Co. v. Dade County, Fla.App.1961, 129 So. 2d 693. The judgment is affirmed. Affirmed. WALDEN and REED, JJ., concur.…
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Seminole Shell Co., Inc. v. Clearwater Flying Co., Inc., 156 So. 2d 543 (Fla. 2d DCA 1963)…he Court to regulate and control the extent of cross examination of a witness and this discretion will not be disturbed unless it has been abused or substantial harm has been done to the complaining party. H. I. Holding Co. v. Dade County, Fla.App., 129 So. 2d 693; Louette v. State, 152 Fla. 495, 12 So. 2d 168. The subject of insurance has at times been permitted before the jury when relevant. Thus in Barnett v. Butler, Fla.App.1959, 112 So. 2d 907, existence of insurance coverage was admitted as tending to p…
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Stager v. Fla. E. Coast Ry. Co., 163 So. 2d 15 (Fla. 3d DCA 1964)…etion, depriving a party of due process of law, would warrant an appellate court directing a trial judge as to the manner of conducting his courtroom. See: Rose v. Yuille, Fla.1956, 88 So. 2d 318; H. I. Holding Company v. Dade County, Fla. App.1961, 129 So. 2d 693 ; 32 Fla.Jur., Trial, §16; 35 Fla.Jur., Witnesses, § 154. The limiting of a number of witnesses for a given side has long been recognized as appropriate. See: Southern Pacific Co. v. Marquez, 9th Cir.1930, 44 F. 2d 286; Montrose Contracting Co. v. W…
Previewing 3 of 33 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rogers v. State, 158 Fla. 582 (Fla. 1947)
- Jenkins v. State, 35 Fla. 737 (Fla. 1895)
- Pandula v. Pinkey Fonseca, 145 Fla. 395 (Fla. 1940)
- Apalachicola N. R.R. Co. v. Tyus, 114 So. 2d 33 (Fla. 1st DCA 1959)
- Hewall Inv. Co. v. Scott, 158 Fla. 795 (Fla. 1947)
- Gaines v. State, 97 Fla. 908 (Fla. 1929)