Florida District Courts of Appeal, 1969

Bowman v. Bill Lomax Paint & Body Shop, Inc.

Bowman v. Bill Lomax Paint & Body Shop, Inc.
Florida District Courts of Appeal · Decided July 22, 1969 · Bark, Dull, Pearson, Swann
225 So. 2d 438; 1969 Fla. App. LEXIS 5429 (Southern Reporter, Second Series)

Bowman v. Bill Lomax Paint & Body Shop, Inc.

Opinion of the Court

PER CURIAM.

The plaintiff below appeals from a final judgment based upon a jury verdict in an action for damages for breach of contract. The basis of the appeal is that the trial court should have granted a new trial because of improper argument to the jury by defendant-appellee’s attorney.

An examination of the record reveals that the comments complained of occurred in the attorney’s opening statement to the jury. We hold that the trial court correctly ruled that the comments were not of such a nature as to require a new trial. Therefore the judgment is affirmed upon authority of the rule stated in Pix Shoes of Miami, Inc. v. Howarth, Fla.App.1967, 201 So.2d 80; Bieley v. Jennings Construction Corporation, Fla.App.1968, 212 So.2d 809.

Affirmed.

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