Thursday, December 16, 2010
In an accident case involving an injured motorcyclist, the defendant City of Tampa made a number of objections at trial concerning the behavior of the plaintiff's attorney. The objections were sustained. After a verdict for the plaintiff, the City sought a new trial based on the improper conduct of counsel.
The Florida Supreme Court held that the City was required to move for a mistrial in order to preserve the appeal for a new trial. The City's failure to timely move for a mistrial precludes consideration of the issue.
The court resolved a district court split over the issue. (Mike Frisch)