Tag Archives: New Trial Motions

Florida Supreme Court: Failure to Timely Move for Mistrial After an Objection to Attorney Misconduct Is Sustained Waives Motion for New Trial on That Basis Absent Fundamental Error

Resolving an express conflict between the District Courts of Appeal, the Florida Supreme Court held that when a party objects to instances of attorney misconduct during trial, and the objection is sustained, the party must also timely move for a mistrial in order to preserve the issue for a trial court’s review of a motion … Continue Reading

Why File A Post-Trial Motion?

1. Snatch victory from the jaws of defeat. A new trial motion gives the trial judge a chance to cut the jury’s punitive verdict, eliminate it altogether, or grant a new trial. A successful motion for judgment notwithstanding the verdict (JNOV) – known as JMOL in federal court – lets the trial judge declare the … Continue Reading