District Court of Appeal of Florida

Denial of a motion for a new trial based on newly discovered evidence or cumulative errors is affirmed as there was no abuse of discretion where, as to newly discovered evidence, the evidence: 1) would not change the result; 2) is not material to the issue; and 3) is merely impeaching. As to the cumulative errors, none of the incidents are reversible as they were either not error or were cured with instruction.

Appellate Information

• Decided 10/04/2006
• Published 10/04/2006

Judges

• WARNER, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Julie H. Littky-Rubin of Lytal, Reiter, Clark, Fountain & Williams, LLP, West Palm Beach and Edward M. Ricci and John B. Patterson of Ricci-Leopold, Palm Beach Gardens, for appellant.


• For Appellees:
  
• Angela C. Flowers of Kubicki Draper, Orlando, for appellee.