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LA COSTA BEACH CLUB RESORT CONDO v. CARIOTI

No. 4D07-4838.

37 So.3d 303 (2010)

LA COSTA BEACH CLUB RESORT CONDOMINIUM ASSOCIATION, INC., Appellant, v. Alphonso CARIOTI, Donald Wendt, Ingeborg Wendt, Kenny Wendt, Clarke Warne, and Marcille Garber, et al, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 15, 2010.

Attorney(s) appearing for the Case

Stuart J. Zoberg of Katzman Garfinkel Rosenbaum, Fort Lauderdale, for appellant.

Keith T. Grumer of Grumer & Macaluso, P.A., Fort Lauderdale, for appellees Donald Wendt, Kenny Wendt and Clarke Warne.

CIKLIN, J.

In this case, the trial court ordered a new trial based solely on (1) a purportedly illegal Mary Carter agreement entered into before the trial;1 (2) a finding by the trial court that the defendants' attorney "grossly impaired" a proper defense amounting to fundamental error; and (3) jury confusion caused by an erroneous jury instruction that led to a verdict that was inconsistent with Florida law.

As to the first issue...

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