Civil Litigation
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Ricks v. Loyola
27 Fla. L. Weekly S591 (Fla. June 21, 2002)
Trial courts have broad discretion when ruling on motions for mistrials and motions for new trials. A motion for mistrial along with a request that a court reserve ruling until after the jury deliberates is simply a motion for mistrial and deserves full consideration if properly made. The judge in his sound discretion determines whether to rule on the motion immediately or reserve ruling until after jury deliberations. When prejudicial comments occur during closing arguments, it is quite reasonable for a trial judge to reserve ruling until after the jury deliberates in the hope that the jurors can rise above the alleged prejudice and cure the error.
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