FIELDS v. REYNOLDS TOBACCO COMPANY (2021)

District Court of Appeal of Florida, Third District.

Violette FIELDS, etc., Appellant/Cross-Appellee, v. R.J. REYNOLDS TOBACCO COMPANY, et al., Appellees/Cross-Appellants.

No. 3D20-0051

Decided: June 23, 2021

Before FERNANDEZ, LINDSEY and BOKOR, JJ.

Eaton & Wolk, PL, and Douglas F. Eaton, for appellant/cross-appellee. King & Spalding LLP, and Scott M. Edson (Washington, DC); Arnold & Porter Kaye Scholer LLP, and Geoffrey J. Michael (Washington, DC), for appellees/cross-appellants.

Affirmed. See Companioni v. City of Tampa, 51 So. 3d 452, 454 (Fla. 2010) (holding that absent a motion for a mistrial made contemporaneously with an objection, the conduct is subject to fundamental error analysis); see also Murphy v. Int'l Robotic Sys., Inc., 766 So. 2d 1010, 1028-31 (Fla. 2000) (explaining that to establish fundamental error, the complained-of issue must be improper, harmful, incurable, and the party “must also establish that the argument so damaged the fairness of the trial that the public's interest in our system of justice requires a new trial”).

PER CURIAM.

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