Lora v. Escaffi
Lora v. Escaffi
Concurring Opinion
(concurring).
While I agree with the majority’s opinion in its entirety, I write this concurring opinion in order to note with disapproval and disappointment the impropriety of plaintiff’s counsel’s comments and the frequency in which they occurred. While counsel’s frustration was understandable, it does not excuse the opinions, personal assurances, and personal attacks which permeated his opening, closing, and rebuttal arguments. Each of us shares a common duty to The Florida Bar and our profession to conduct ourselves professionally and honorably. The judiciary, as guardians of the court and our profession, have the added responsibility to ensure that the process is not only fair, but is one which instills confidence in our system of justice and respect for the members of our profession.
Under most circumstances, plaintiffs counsel’s remarks would have required the granting of a new trial and it would have
Opinion of the Court
Defendants in this personal injury action appeal the trial court’s denial of their motion for new trial. They maintain that prejudicial comments by opposing counsel “resulted in a miscarriage of justice” requiring that the judgment be reversed and that a new trial as to comparative fault and damages be conducted. Having carefully considered the statements complained of in light of the evidence and verdict, we find no abuse of discretion in the court’s ruling. As we observed in Rohrback v. Dauer, 528 So.2d 1362, 1363 (Fla. 3d DCA 1988), “even improper argument will not require a new trial if the remarks are not so egregious as to interfere with the essential justice of the result.” See § 59.041, Fla. Stat. (2003)
Accordingly, the order under review is affirmed.
GREEN, J., concurs.
. Section 59.041 provides:
No judgment shall be set aside or reversed, or new trial granted by any court of the state in any cause, civil or criminal, on the ground of misdirection of the jury or the improper admission or rejection of evidence or for error as to any matter of pleading or procedure, unless in the opinion of the court to which application is made, after an examination of the entire case it shall appear that the error complained of has resulted in a miscarriage of justice. This section shall be liberally construed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.