District Court of Appeal of Florida
Sanchez v. Nerys, 3d05-2434
Judgment for plaintiff and award of attorney's fees are reversed and the matter remanded for a new trial where: 1) the plaintiff's cross-examination of defendants' expert witness went beyond permissible grounds on the issue of bias and amounted to a prohibited attack on the expert-s character; 2) remarks made by plaintiff's counsel made improper, inflammatory remarks and personal attacks upon defense counsel during closing arguments; and 3) since the matter is remanded for new trial, plaintiff is not entitled to attorney's fees based on success in the underlying judgment.
Appellate Information
- Decided 02/14/2007
- Published 02/14/2007
Judges
- ROTHENBERG, Judge., Before FLETCHER, SHEPHERD, and ROTHENBERG, JJ.
Court
- District Court of Appeal of Florida
Counsel
- For Appellant:
- Kubicki Draper and Angela C. Flowers, Ocala, for appellant.
- For Appellees:
- Mark J. Feldman, Miami, for appellee.