Earl Hollis, Inc. v. Fraser Mortgage Co.

District Court of Appeal of Florida

Earl Hollis, Inc. v. Fraser Mortgage Co.

403 So. 2d 1038, 1981 Fla. App. LEXIS 20914

CourtDistrict Court of Appeal of Florida

DecidedAugust 26, 1981

DocketNo. 80-1639

StatusPublished

Cited by4 cases

This text of 403 So. 2d 1038 (Earl Hollis, Inc. v. Fraser Mortgage Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Earl Hollis, Inc. v. Fraser Mortgage Co., 403 So. 2d 1038, 1981 Fla. App. LEXIS 20914 (Fla. Ct. App. 1981).

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PER CURIAM.

While the final argument of defendant’s counsel was egregiously improper, we find that the plaintiff specifically waived the right to a mistrial on that ground below and therefore may not insist upon the issue on appeal. Diaz v. Rodriguez, 384 So.2d 906 (Fla. 3d DCA 1980); 3 Fla.Jur.2d Appellate Review § 292 (1978); see State v, Cumbie, 380 So.2d 1031 (Fla.1980). The other points raised present no error.

AFFIRMED.

GLICKSTEIN, J., and SCHWARTZ, ALAN R., Associate Judge, concur. LETTS, C. J., dissents with opinion.

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PER CURIAM.

While the final argument of defendant’s counsel was egregiously improper, we find that the plaintiff specifically waived the right to a mistrial on that ground below and therefore may not insist upon the issue on appeal. Diaz v. Rodriguez, 384 So.2d 906 (Fla. 3d DCA 1980); 3 Fla.Jur.2d Appellate Review § 292 (1978); see State v, Cumbie, 380 So.2d 1031 (Fla.1980). The other points raised present no error.

AFFIRMED.

GLICKSTEIN, J., and SCHWARTZ, ALAN R., Associate Judge, concur. LETTS, C. J., dissents with opinion.

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403 So. 2d 1038, 1981 Fla. App. LEXIS 20914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/earl-hollis-inc-v-fraser-mortgage-co-fladistctapp-1981.

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