LEYVA v. SAMESS

No. 97-3467.

732 So.2d 1118 (1999)

Luis LEYVA and Eva Leyva, his wife, Appellants, v. Ronald SAMESS, Claudette Samess, and Daniel Samess, individuals, Appellees.

District Court of Appeal of Florida, Fourth District.

February 24, 1999.


Attorney(s) appearing for the Case

Richard P. Pravato of Law Offices of Valya Wolf, P.A., and Nancy Little Hoffmann of Nancy Little Hoffmann, P.A., Fort Lauderdale, for appellant.

Richard A. Sherman and Rosemary B. Wilder of Law Offices of Richard A. Sherman, P.A., and Robin S. Richards of Law Offices of Hill and Richards, Fort Lauderdale, for appellee.


WARNER, J.

After a verdict in favor of the appellant/plaintiff Luis Leyva, the trial court granted a new trial on damages because the court found that Leyva's attorney had violated an order in limine by referring to appellees/defendants Ronald and Claudette Samess as "Dr. and Mrs. Samess." The court determined that it was likely the jury was prejudiced by being reminded that one of the appellees was a physician. We hold that the court abused its discretion...

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