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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.
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