VIOLETTE FIELDS, ETC.
v.
R.J. REYNOLDS TOBACCO COMPANY

Fla. 3d DCA | 2021-06-23
No. 20-0051
Tietjens
Florida District Court of Appeal, Third District (2021)

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Holding

Absent a contemporaneous motion for mistrial, trial conduct is reviewed under fundamental error analysis, which requires proving the conduct was improper, harmful, incurable, and so damaged trial fairness that public interest demands a new trial.


Headnotes

[1] Trial conduct not objected to with a contemporaneous motion for mistrial is reviewed under fundamental error analysis, requiring the party to establish that the conduct w…

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Key Quotes

“absent a motion for a mistrial made contemporaneously with an objection, the conduct is subject to fundamental error analysis”

Citing Companioni v. City of Tampa regarding the procedural requirement for challenging trial conduct

Facts & Procedural History

The case involves an appeal in a matter between Violette Fields and R.J. Reynolds Tobacco Company.…

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Opinion of the Court

PER CURIAM.

Affirmed. See Companioni v. City of Tampa, 51 So. 3d 452, 454 (Fla. 2010) (holding that absent a motion for a mistrial made contemporaneously with an objection, the conduct is subject to fundamental error analysis); see also Murphy v. Int’l Robotic Sys., Inc., 766 So. 2d 1010, 1028-31 (Fla. 2000) (explaining that to establish fundamental error, the complained-of issue must be improper, harmful, incurable, and the party “must also establish that the argument so damaged the fairness of the trial that the public’s interest in our system of justice requires a new trial”).


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