PORTO v. KHAN

No. O-24.

242 So.2d 174 (1970)

Frank Marino PORTO, Jr., Petitioner, v. Elizabeth Diane Dobbins KHAN, Respondent.

District Court of Appeal of Florida, First District.

December 29, 1970.


Attorney(s) appearing for the Case

Douglass & Booth, Tallahassee, for petitioner.

Truett & Watkins, Tallahassee, for respondent.


SPECTOR, Judge.

Petitioner, plaintiff below, seeks review of an order declaring a mistrial on motion of respondent upon the mention of insurance by a witness for the plaintiff.

While the granting of a mistrial during the course of a jury trial is a matter within the broad discretion of the trial court, the mere mention of insurance does not always justify a mistrial. The general rule on the subject is stated in 32 Fla.Jur., Trial § 245, at page 508, as...

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