City of Tampa v. Ramiro Companioni, Jr., 34 Fla. L. Wkly D1777a (Fla. 2d DCA Aug. 28, 2009)

In this motorcycle injury case, the trial court found that plaintiff’s counsel had engaged in misconduct throughout the trial but nonetheless denied defendant’s motion for new trial. The trial court reasoned that because defense counsel did not move for a mistrial after the court had sustained various objections, the defense had waived any right to a new trial. The trial court ruled further that under the circumstances the defense could not show that “failure to grant a new trial would undermine the public’s confidence in the justice system.” The Second District reversed and held that the trial court used the wrong standard, stating that the trial court “only needed to consider whether opposing counsel’s misconduct deprived the [defendant] of a fair trial. Having found that it did, the trial court should have granted the City’s motion.” 

City of Tampa v. Ramiro Companioni, Jr., 34 Fla. L. Wkly D1777a (Fla. 2d DCA Aug. 28, 2009)