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Third District Court of Appeal Applies New Harmless Error Test and Reverses For New Trial in Appeal Handled by Kubicki Draper

Caryn L. Bellus and Bretton C. Albrecht | November 10, 2015

In a case recently handled by Kubicki Draper appellate attorneys Caryn L. Bellus and Bretton C. Albrecht, the Third District Court of Appeal issued a decision reversing the jury’s verdict and ordering a new trial. The appellate court reversed in an auto negligence case on grounds that the trial court erred in excluding evidence of a subsequent drunken golf cart accident in which the plaintiff was involved (which resulted in his arrest) a month after the auto accident. The Court found that such evidence was significantly probative, was not unfairly prejudicial, and went to the plaintiff’s credibility and the issue of causation. The court concluded that under the new test announced by the Florida Supreme Court in Special v. W. Boca Med. Ctr., 160 So. 3d 1251 (Fla. 2014), the error was not harmless. It is a great opinion, which should be useful to you in your cases.

For more information about the Maniglia Opinion, please click below.
Miami Herald Article

For more information about this case please contact, Caryn Bellus - cb@kubickidraper.com or Bretton Albrecht - bca@kubickidraper.com



   ManigliaOpinion.pdf



 


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