Florida District Courts of Appeal, 1992

State Farm Mutual Automobile Insurance Co. v. Curry

Florida District Courts of Appeal · Decided December 1, 1992 · No. 91-96 · Cope, Gersten, Schwartz

608 So. 2d 587; 1992 Fla. App. LEXIS 12447; 1992 WL 353651 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

SDG Dadeland Associates, Inc. v. Anthony (Fla. Dist. Ct. App. 2008)
Cohen v. Pollack (Fla. Dist. Ct. App. 1996)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

SCHWARTZ, Chief Judge.

The judgment below is reversed for a new trial because the trial judge (a) instructed the jury in the precise manner determined to be erroneous in the later-decided and controlling case of State Farm Mutual Auto. Ins. Co. v. Gomez, 605 So.2d 968 (Fla. 3d DCA 1992), and (b) incorrectly overruled a defense objection to opposing counsel’s statement — which may stand as the very definition of a golden rule argument — asking the jury to “[p]ut yourself in [the plaintiff’s] position, you can imagine the mental anguish and frustration.” See Klein v. Herring, 347 So.2d 681 (Fla. 3d DCA 1977).

Reversed and remanded.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.