RUTHERFORD v. LYZAK

No. 96-2764.

698 So.2d 1305 (1997)

Lydia R. RUTHERFORD, Appellant, v. Russell LYZAK, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Clarification Denied October 7, 1997.


Attorney(s) appearing for the Case

Robert I. Buchsbaum of Conroy, Simberg & Ganon, P.A., Hollywood, for appellant.

Diane H. Tutt of Diane H. Tutt, P.A., Plantation, for appellee.


GROSS, Judge.

We reverse the trial court's order granting a new trial for plaintiff/appellee in a personal injury case.

One of the grounds asserted in plaintiff's motion for new trial were certain of defense counsel's comments in closing argument. However, plaintiff raised no objection to the purportedly offensive portions of defendant's closing argument, nor did he move for a mistrial before the jury retired to deliberate. Any non-fundamental errors during...

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