MARTINO , v. METROPOLITAN DADE COUNTY
NICOLAS MARTINO, UNITED PLASTICS, INC., a foreign corporation and UNITED
ASSOCIATION, INC., a foreign corporation, Appellants, v. METROPOLITAN
DADE COUNTY, a political subdivision of the State of Florida, ERICK MARINO and
ALFRED PETTY, Appellees.
CASE No. 94-1102
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT
655 So. 2d 151; 1995 Fla. App. LEXIS 4644; 20 Fla. Law W. D 1085
May 3, 1995, Filed
Rehearing Denied June 21, 1995. Released for Publication June 21, 1995.
PRIOR HISTORY: An Appeal from the Circuit Court for Dade County, Gisela
DISPOSITION: Affirmed, in part, and reversed and remanded, in part.
COUNSEL: Jerome H. Shevin and Jed L. Frankel, for appellants.
Merritt, Sikes & Wright and Martin E. Leach, for appellees.
JUDGES: Before BASKIN, LEVY and GODERICH, JJ.
The plaintiffs, Nicolas Martino [Martino], United Plastics, Inc. [United Plastics], and
United Shoe Association [United Shoe], appeal from an adverse jury verdict and from the
denial of their motion for new trial. Metropolitan Dade County [Dade County] cross-
appeals from the denial of its motion for directed verdict. We reverse as to the main
appeal, but affirm as to the cross-appeal.
The plaintiffs contend that the trial
court erred in denying their motion for new trial where defense counsel's inflammatory
and prejudicial comments constituted fundamental error. We agree.