PADILLA V. BUELL

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001 FULGENCIO PADILLA, SR., Appellant, ** ** vs. ** CASE NO. 3D00-3226 DONALD BUELL, ** LOWER TRIBUNAL NO. 98-06890 Appellee. ** Opinion filed September 26, 2001. An appeal from the Circuit Court for Miami-Dade County, Bernard S. Shapiro, Judge. Paul J. Kneski, for appellant. Burd, Lozano & Zacherl, LLP, and William G. Burd, and John S. McPhee, for appellee. Before LEVY, GREEN, and FLETCHER, JJ. PER CURIAM. This is an appeal from a final judgment following a defense verdict in a property negligence action. The plaintiff abandoned his motion for new trial without having it heard, and thus seeks to overturn the jury s verdict. We find that the failure of plaintiff s counsel to object with specificity to defense counsel s remarks during closing argument waived any error that might have occurred. See Sawczak v. Goldenberg, 710 So. 2d 996, 997 (Fla. 4th DCA 1998). Moreover, the implied reference case to insurance matters fundamental error requiring reversal. in this was not See Melara v. Cicione, 712 So. 2d 429, 431 (Fla. 3d DCA 1998). We also find no abuse of discretion in the trial court s evidentiary rulings. Therefore, we affirm. 2

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