United Space Boosters, Inc. v. Norris

District Court of Appeal of Florida

United Space Boosters, Inc. v. Norris

506 So. 2d 1181, 12 Fla. L. Weekly 1234, 1987 Fla. App. LEXIS 8195

CourtDistrict Court of Appeal of Florida

DecidedMay 14, 1987

DocketNo. 86-1152

StatusPublished

This text of 506 So. 2d 1181 (United Space Boosters, Inc. v. Norris) 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.

Bluebook

United Space Boosters, Inc. v. Norris, 506 So. 2d 1181, 12 Fla. L. Weekly 1234, 1987 Fla. App. LEXIS 8195 (Fla. Ct. App. 1987).

Pincite

Opinion

PER CURIAM.

We reverse the order granting defendant’s various motions for mistrial made after rendition of the jury verdict, because the defendant withdrew those motions after the verdict came in. A trial court may properly reserve ruling on a motion for mistrial when, as here, the alleged prejudicial comments occur during closing argument, “in the hope that the jurors can rise above the alleged prejudice and cure the error” Ed Ricke and Sons, Inc. v. Green, 468 So.2d 908 (Fla.1985). The defendant was satisfied with the verdict, and signified such satisfaction by a written withdrawal of all motions for mistrial. Having satisfied itself that the jury had cured the alleged error, the defendant had a right to withdraw its motions for mistrial and rely on the verdict.

The order granting the motion for mistrial is reversed and the cause is remanded with directions to enter judgment on the verdict.

REVERSED and REMANDED.

UPCHURCH, C.J., and ORFINGER and COBB, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

We reverse the order granting defendant’s various motions for mistrial made after rendition of the jury verdict, because the defendant withdrew those motions after the verdict came in. A trial court may properly reserve ruling on a motion for mistrial when, as here, the alleged prejudicial comments occur during closing argument, “in the hope that the jurors can rise above the alleged prejudice and cure the error” Ed Ricke and Sons, Inc. v. Green, 468 So.2d 908 (Fla.1985). The defendant was satisfied with the verdict, and signified such satisfaction by a written withdrawal of all motions for mistrial. Having satisfied itself that the jury had cured the alleged error, the defendant had a right to withdraw its motions for mistrial and rely on the verdict.

The order granting the motion for mistrial is reversed and the cause is remanded with directions to enter judgment on the verdict.

REVERSED and REMANDED.

UPCHURCH, C.J., and ORFINGER and COBB, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

506 So. 2d 1181, 12 Fla. L. Weekly 1234, 1987 Fla. App. LEXIS 8195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-space-boosters-inc-v-norris-fladistctapp-1987.

Opinion

Related

Cite This Page — Counsel Stack