Advanced X-Ray Analysis, Inc. v. State Farm Mut. Auto. Ins. Co.

333 So.3d 766 (Mem)

ADVANCED X-RAY ANALYSIS, INC., a/a/o Antonio Gomes, Appellant,

v.STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee.

No. 3D21-0099

District Court of Appeal of Florida, Third District.

Opinion filed January 26, 2022

Eiffert & Associates, P.A., and Crystal Eiffert and Robert Morris (Orlando), for appellant.

Birnbaum, Lippman & Gregoire, PLLC, and Nancy W. Gregoire Stamper (Fort Lauderdale); Kirwan Spellacy Danner Watkins & Brownstein, P.A., and Christopher L. Kirwan and R. Ryan Smith (Fort Lauderdale), for appellee.

Before LOGUE, SCALES and GORDO, JJ.

PER CURIAM.

Affirmed. See Araujo v. Winn-Dixie Stores, Inc., 290 So. 3d 936, 938 (Fla. 3d DCA 2019) ("A trial court's denial of a motion for mistrial and a motion for new trial ... is reviewed for an abuse of discretion. ‘Generally, a mistrial or new trial should be granted only when counsel's comments are so inflammatory and prejudicial that they deny the opposing party a fair trial.’ When assessing the comments, ‘[c]ontext is crucial.’ ") (citations omitted); Philip Morris USA, Inc. v. Cuculino, 165 So. 3d 36, 38-39 (Fla. 3d DCA 2015) (holding that, while counsel's improper comments during closing argument were not ones the appellate court condoned, nonetheless the comments were not so highly prejudicial and inflammatory that a party was denied a fair trial); Carnival Corp. v. Jimenez, 112 So. 3d 513, 519 (Fla. 2d DCA 2013) (holding that, when alleged error arising from both improper...