10 Fla. L. Weekly Supp. 164b
Insurance — Appeals — Argument — Comments in closing argument, which were not objected to at trial, did not rise to level justifying new trial
CARLA DENICOLA, Appellant, vs. ALLSTATE INDEMNITY COMPANY, Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. 01-22555 (18). L.T. No. 00-7411 (54). December 2002. W. Herbert Moriarty, Judge. Counsel: Max Rudmann, for Appellant. Jacqueline G. Emanuel, Riley, Knoerr and Emanuel, Ft. Lauderdale; and Anthony Tolgyesi, for Appellee.
OPINION
THIS CAUSE comes before this Court, sitting in its Appellate capacity, upon Appellant, Carla Denicola’s direct Appeal from a Final Judgment in favor of Appellee, Allstate Indemnity Company. The Court having read the briefs submitted in this case, reviewed the Appellate court file, applicable law, heard oral argument, and being otherwise fully advised in the premises hereby finds and concludes:
The Appellant, Carla Denicola’s, Motion for New Trial is denied. The Court further finds that the Appellant failed to object to the closing arguments of Appellee’s counsel, which are complained of in this appeal. The Court further finds that the comments complained of in Appellee’s counsel in closing arguments do not rise to the level justifying a new trial. The Court concludes that the Appellant has not met the appropriate standard set forth by the Florida Supreme Court in Murphy v. International Robotic Systems, Inc., 766 So. 2d 1010 (Fla. 2000), whereby the Trial Court’s denial of Appellant’s Motion for Mistrial is affirmed.
ACCORDINGLY, it is:
ORDERED AND ADJUDGED that Appellant’s Motion for New Trial is denied.
IT IS FURTHER ORDERED AND ADJUDGED that Appellee’s Motion for Attorney’s Fees pursuant to Rule 9.400 F.R.A.P. is granted. This case is hereby remanded to the Trial Court for determination of reasonable attorneys fees and costs to be awarded to Appellee.
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