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WINN DIXIE STORES, INC. v. ESTATE OF CASTANO

Nos. 87-2852, 88-1378 and 87-2653.

544 So.2d 215 (1989)

WINN DIXIE STORES, INC., Appellant, v. ESTATE OF Pedro CASTANO, Appellee. ESTATE OF Pedro CASTANO, Appellant, v. PERRINE PLAZA, R.A.R. Properties, Inc., Robert Breder, Richard F. Breder, and Hugh M. Carrier, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 28, 1989.

Attorney(s) appearing for the Case

Richard N. Blank, Ft. Lauderdale, for appellant Winn Dixie Stores, Inc.

Gerald E. Rosser, Miami, for appellant Estate of Pedro Castano.

Gerald E. Rosser, Miami, for appellee Estate of Pedro Castano.

Blackwell, Walker, Fascell & Hoehl and Douglas H. Stein, Miami, for appellees Perrine Plaza, et al.

Before HUBBART and FERGUSON, JJ., and BARFIELD, EDWARD, Associate Judge.

PER CURIAM.

Counsel for the plaintiff made prejudicial comments during closing argument in an eight-day negligence action. Although the remarks were improper, they were made in response to arguments of the defense, Gale v. State, 483 So.2d 53 (Fla. 1st DCA), rev. denied, 492 So.2d 1332 (Fla. 1986), were not preserved for review by a timely and proper objection, White Constr. Co. v. DuPont, 455...

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