201202.03
0

84 So. 3d 1069 (Fla. 5th DCA 2012)

Shannon McLin Carlyle and her colleague represented in injured Plaintiff on appeal from an insufficient jury verdict. The trial court denied the plaintiff’s motion for new trial. Ms. Carlyle co-counseled with trial counsel, Sean Shaughnessy and Keith Mitnik of Morgan & Morgan, to prosecute the appeal. The appellate team argued that the trial court’s decision was an abuse of discretion because the egregious actions of defense counsel, Dale R. Hightower, deprived the plaintiff of a fair trial. The Fifth District Court of Appeal agreed, and, in a scathing opinion, criticized Mr. Hightower for numerous improprieties that affected the fairness of the trial. In a complete victory, the appellate court affirmed the liability verdict and reversed as to the issue of the plaintiff’s damages.