GARBUTT v. LAFARNARA

No. 2D97-4845.

807 So.2d 83 (2001)

George W. GARBUTT, Appellant, v. Rosemary LaFARNARA, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 14, 2002.


Attorney(s) appearing for the Case

David B. Krouk and Albert B. Lewis of Piper, Esteva, Green, Karvonen & Lewis, St. Petersburg, for Appellant.

Davis J. Plante and Robert W. Merkle of Merkle & Magri, P.A., Tampa, for Appellee.


BLUE, Chief Judge.

Rosemary LaFarnara obtained a $1.75 million judgment against George W. Garbutt based on a jury verdict. Mr. Garbutt seeks a new trial, contending the verdict resulted from improper jury argument by Ms. LaFarnara's trial counsel. We agree and, thus, reverse and remand for a new trial.

This is not the first time this court has considered this case. We previously affirmed the trial court's denial of a new trial, but in so doing we certified...

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