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PEREZ v. BYRD

No. 96-307.

682 So.2d 643 (1996)

Ruth PEREZ, Appellant, v. Sherrie D. BYRD, Appellee.

District Court of Appeal of Florida, Fifth District.

November 1, 1996.

Attorney(s) appearing for the Case

Gregory J. Donoghue of Kane, Williams, Singer, Planck, Donoghue & Clark, P.A., Rockledge, for Appellant.

Karla T. Torpy of Graham, Moletteire & Tuttle, P.A., Merritt Island, for Appellee.

PER CURIAM.

The only meritorious issue raised is the correctness of the trial court's order granting mistrial based upon a witness's statement indicating that the Plaintiff had received a traffic citation. The trial court found that the gratuitous comment was a clear implication of the Plaintiff's fault and granted a mistrial. We affirm. See Spanagel v. Love, 585 So.2d 317 (Fla. 5th DCA 1991).

COBB, W. SHARP and GOSHORN...

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