Ricks v. Loyola

822 So. 2d 502, 2002 WL 1338103
CourtSupreme Court of Florida
DecidedJune 20, 2002
DocketSC01-793
StatusPublished
Cited by10 cases

This text of 822 So. 2d 502 (Ricks v. Loyola) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ricks v. Loyola, 822 So. 2d 502, 2002 WL 1338103 (Fla. 2002).

Opinion

822 So.2d 502 (2002)

Metissia RICKS, Petitioner,
v.
Rene LOYOLA, M.D., Respondent.

No. SC01-793.

Supreme Court of Florida.

June 20, 2002.
Rehearing Denied July 16, 2002.

*503 Mark Vieth of Tilghman & Vieth, P.A., and Lauri Waldman Ross of Lauri Waldman Ross, P.A., Miami, FL, for Petitioner.

William T. Viergever of Sonneborn, Rutter, Cooney & Klingensmith, P.A., West Palm Beach, FL, for Respondent.

PER CURIAM.

We have for review Loyola v. Ricks, 777 So.2d 423 (Fla. 4th DCA 2000), which expressly and directly conflicts with the decision in Ed Ricke & Sons, Inc. v. Green, 468 So.2d 908 (Fla.1985). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. For the reasons set forth herein, we quash the decision of the Fourth District Court of Appeal.

*504 PROCEEDINGS BELOW

Dr. Rene Loyola (Loyola) was one of the defendants named in a medical malpractice suit filed below by plaintiff Metissia Ricks (Ricks). Before trial, Ricks settled her suit with another doctor and the hospital involved in this case. At trial, Loyola's attorney made the following comments to the jury during opening statements:

Now, as Mr. Vieth pointed out, Dr. Loyola is not the only health care provider that you will be hearing about. That is, I gather you've gleaned, from what I've said up to this point, there's going to be testimony that the nurses should have done things differently, that Dr. Wengler should have done things differently, before it ever reached the point of ... of being contracted with permanent nerve damage. It just never should have happened.
It will not be something that you need to consider as to why they aren't in this courtroom, although you might want to ask yourself that question. I assure you, though, that this Miss Ricks and her attorney aren't going to tell you why they aren't here.

Loyola, 777 So.2d at 424 (emphasis in original). Ricks moved for a mistrial based on Loyola's attorney's statement contending that the statement implied that there had been prior settlements with other parties, but Ricks requested that the trial court reserve ruling on the motion. See id. at 424. The trial court agreed to reserve ruling and proceeded with a six-day trial, after which the jury returned a verdict for Loyola. The trial court then granted a new trial based on Ricks' motion for mistrial and objection to Loyola's opening statement. See id. at 425.

The Fourth District Court of Appeal reversed and found that the trial court abused its discretion when it reserved ruling on the motion for mistrial and in granting the motion for a new trial. See id. Regarding the trial court's decision to reserve ruling on the motion for mistrial, the Fourth District stated:

In the present case, the trial was scheduled to take five days. The trial actually took six days, in which approximately fifteen witnesses were presented. The motion for mistrial was made the very first day of trial prior to any witnesses testifying. We conclude that the interests of judicial economy were not served by a reservation of ruling based on these circumstances. As such, we hold the trial court abused its discretion by reserving ruling on the Plaintiffs motion for mistrial and subsequently granting the motion for new trial.

Id. In finding that the trial court abused its discretion by granting a new trial, the Fourth District stated:

Section 768.041(3), Florida Statutes, provides that releases, covenants not to sue, and dismissals of defendants by order of the court "shall not be made known to the jury." § 768.041(3), Fla. Stat. (2000). In the present case, the defense counsel's comment during opening statements did not reference any of the prohibited categories. No reference was made to a prior lawsuit, prior defendants, or a settlement. In addition, the jury was unaware that Dr. Wengler and the hospital were originally in the lawsuit, and therefore, they would not have necessarily thought the comment referenced a settlement. Moreover, even if the comment was error, we would find it to be harmless. The comment was isolated and never mentioned again by the defense.

Id. Ricks now contends that the Fourth District opinion conflicts with our decision in Ed Ricke & Sons, Inc.

*505 TRIAL ERROR

In Ed Ricke & Sons, Inc. we considered an "empty chair" argument made at trial during closing arguments after the trial court had entered an order in limine stating that no party, attorney, or witness was to reveal to the jury that there had been a prior lawsuit or settlement between the plaintiff and another defendant. See 468 So.2d at 909. This Court agreed with the district court's decision that the defendant violated that order in limine in several instances, with the "most flagrant" instance occurring during closing argument when defense counsel stated: "Now, there's going to be some other person responsible. I would like for you to ask them some questions. I would like for you to ask him [w]hy Dade County is not a defendant in this litigation." Id. When this statement was made, the plaintiff made a motion for a mistrial and asked the judge to reserve ruling until after the jury returned a verdict. See id. However, the trial court denied the motion right away, stating that the "empty chair" reference was a proper argument. See id. Thereafter, the jury returned a verdict in favor of the defendant and a judgment was entered on that verdict. See id.

On appeal, the Third District reversed and remanded for a new trial, finding that the closing argument violated the order in limine, and that the plaintiff did not waive the right to a new trial by asking the trial court to reserve ruling on the motion for mistrial until after the jury reached a verdict. See id. Upon review, we approved the Third District's decision and explained:

We now explicitly hold that the trial court has the power to wait until the jury returns its verdict before ruling on a motion for a mistrial. A motion for a mistrial coupled with a request that the court reserve ruling until after the jury deliberates is simply a motion for a mistrial, and, if properly made, deserves full consideration at both the trial court and appellate level.
The trial court judge may, in his or her sound discretion, determine whether to rule on a motion for a mistrial immediately or reserve ruling until after the jury deliberates. However, this discretion must be exercised in accordance with precepts of judicial economy. When, as here, the prejudicial comments occur during closing argument, it is quite reasonable for a trial judge to reserve ruling until after the jury deliberates in the hope that the jurors can rise above the alleged prejudice and cure the error. If the verdict cures the error, the court will save the expenditure of additional time, money and delay associated with a new trial. On the other hand, if the judge, after the verdict, incorrectly grants the motion for mistrial and orders a new trial, that order is reviewable on appeal. The appellate court could then reverse the order granting the new trial and order the trial court to enter a judgment on the jury verdict.

Id. at 910. Hence, in Ed Ricke & Sons, Inc., we approved a procedure similar to that invoked by the trial court here.

Although the Loyola, district court opinion cited Ed Ricke & Sons, Inc.,

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822 So. 2d 502, 2002 WL 1338103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ricks-v-loyola-fla-2002.