Category Archives: New trial

Standards of Review in Appellate Courts (continued – Section D)

D. REVIEW OF DISCRETIONARY DECISIONS 1. Decisions on matters that are within the discretion of the trial judge will not be reversed by an appellate court unless the appellant has shown an “abuse of discretion.” See Mercer v. Raine, 443 So.2d 944 (Fla. 1983). 2. “Abuse of discretion” is judged by the use of a … Read More

Land Mine #7: Misconduct of Counsel

Land Mine #7: Misconduct of Counsel Challenging attorney misconduct requires close attention to specific procedures. When a party objects to attorney misconduct during trial, including improper argument, and the objection is sustained, the party must also timely move for a mistrial or request a curative instruction in order to preserve the issue for a trial … Read More

The Law Offices of Jennifer S. Carroll, P.A.

1001 North U.S. Highway 1, Suite 508
Jupiter, FL 33477
Phone: (561) 478-2102
Fax: (561) 478-2143