Carson v. Iacona, R-242
| Decision Date | 14 August 1973 |
| Docket Number | No. R-242,R-242 |
| Citation | 281 So.2d 226 |
| Court | Florida District Court of Appeals |
| Parties | Cleve CARSON and Laura Carson, his wife, Appellants, v. Phillip IACONA and State Farm Mutual Automobile Insurance Company, Appellees. |
An Appeal from the Circuit Court, Volusia County; J.T. Nelson, Judge.
Reginald E. Moore and Richard H. Whitson, of Robinson, Whitson, Moore & Lauderback, Daytona Beach, for appellants.
John L. Graham, of Landis, Graham, French, Husfeld, Sherman & Ford, Daytona Beach, for appellees.
Appellants seek reversal of a final judgment, entered pursuant to a jury verdict, in favor of appellees in an automobile negligence action instituted by appellants.
In one of their points on appeal, appellants contend that the trial court committed reversible error when it merely sustained an objection to certain of appellees' counsel's statements during closing argument to the jury. It is alleged that the trial court should have admonished the jurors to disregard the statements. In jury trials, the parties' attorneys are accorded wide latitude in presenting their arguments to the jury. Jury arguments will not be considered grounds for a new trial unless they are highly prejudicial and inflammatory. An appellant must assume the heavy burden of showing inherent and actual prejudice, which cannot be inferred solely from an adverse verdict. Here, the trial court sustained the appellants' objections to the statements complained of in the presence of the jury. We do not believe that appellants have adequately demonstrated prejudicial error in this regard.
We have examined appellants' remaining point on appeal and find it to be without merit.
The record on appeal, briefs and oral arguments of the parties having been fully considered, it is our conclusion that appellants have failed to show reversible error, and the judgment appealed herein is accordingly Affirmed.
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Abbey v. Lipsky
...v. Brethauer, Fla.App.1974, 305 So.2d 217; Industrial Waste Service, Inc. v. Henderson, Fla.App.1974, 305 So.2d 42; Carson v. Iacona, Fla.App.1973, 281 So.2d 226; Dabney v. Yapa, Fla.App.1966, 187 So.2d 381; 2 Fla.Jur., New Trial § ...
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Brown v. Pieser, 75-1227
...and HENDRY and NATHAN, JJ. PER CURIAM. Affirmed. H.I. Holding Company v. Dade County, 129 So.2d 693 (Fla.3d DCA 1961); Carson v. Iacona, 281 So.2d 226 (Fla.3d DCA 1973); Heymann v. Fusco, 132 So.2d 216 (Fla.3d DCA 1961); White v. Bacon, 166 So.2d 678 (Fla.3d DCA 1964); Clark v. Yellow Cab C......