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445 So. 2d 1076

IDY Corp. v. Engels

District Court of Appeal of Florida

Decided February 21, 1984

District Court of Appeal of Florida · decided 1984-02-21

Relies on 433 So. 2d 1319 - Sears Roebuck & Co. v. Jackson · 427 So. 2d 1135 - Walt Disney World Co. v. Althouse · 403 So. 2d 1038 - Earl Hollis, Inc. v. Fraser Mortgage Co.

Decided 1984-02-21

DANIEL S. PEARSON, Judge,

¶1concurring.

¶2I think the stated reason for affirmance should be that a party, such as the appellant here, which expressly declines to move for a mistrial and asks only for curative instructions and admonitions cannot be heard to complain of the trial court’s refusal to grant it a new trial on the asserted ground that it was prejudiced by improper questions, remarks and conduct of opposing trial counsel. Sears Roebuck & Company v. Jackson, 433 So.2d 1319 (Fla. 3d DCA 1983); Earl Hollis, Inc. v. Fraser Mortgage Company, 403 So.2d 1038 (Fla. 4th DCA 1981). See Walt Disney World Co. v. Althouse, 427 So.2d 1135 (Fla. 5th DCA 1983).

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