IRIZARRY v. MOORE

No. 5D09-3207.

84 So.3d 1069 (2012)

Lucas IRIZARRY, Appellant/Cross Appellee, v. Kenneth O. MOORE and Waste Management, etc., Appellee/Cross Appellant.

District Court of Appeal of Florida, Fifth District.

Rehearing and Rehearing En Banc Denied April 18, 2012.


Attorney(s) appearing for the Case

Shannon McLin Carlyle , and Christopher V. Carlyle of The Carlyle Appellate Law Firm, The Villages, and Joseph Howard Shaughnessy and Keith Randolph Mitnik of Morgan & Morgan, Orlando, for Appellant/Cross-Appellee.

Richard A. Sherman, Sr. , of Law Offices of Richard A. Sherman, P.A., Fort Lauderdale, Dale R. Hightower and Christopher Stratton of Hightower & Partners, P.A., West Palm Beach, for Appellee/Cross Appellant.


MONACO, J.

This is a troubling case. In the final analysis we conclude that trial counsel for the appellees, Dale R. Hightower, stepped over the behavioral bounds so frequently during the three-day trial of this case that a reversal is required. That is to say that while each individual defalcation of Mr. Hightower's might not justify reversal, their totality surpasses the critical mass that compels us to order a new trial.

The appellant, Lucas Irizarry, was...

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