John W. ROHRBACK, Appellant,
v.
Maxwell DAUER, et al., Appellees.
District Court of Appeal of Florida, Third District.
*1363 Bailey, Dawes & Hunt and Sara Soto, Miami, for appellant.
Thomson, Zeder, Bohrer, Werth & Razook and Carol A. Licko, Miami, for appellees.
Before SCHWARTZ, C.J., and BASKIN, J., and JOE A. COWART, Jr., Associate Judge.
PER CURIAM.
The appellant Rohrback's primary point on appeal concerns various improprieties in the opposing lawyer's final argument to the jury. At the time the statements were made, Rohrback's counsel made successive motions for mistrial. Although the trial court indicated that it would or might grant the motions at that time, it was prevailed upon by the appellant to await the verdict and reserve ruling on the motions pending a possible motion for new trial. See Ed Ricke and Sons, Inc. v. Green,
We turn briefly to Rohrback's other points. With respect to the jury instructions concerning the effect of an assignment he allegedly made of the property interest in question here, we find that the issue was not properly preserved, Gonzalez v. Leon,
The claim that Rohrback was improperly restricted from an attempt to cross-examine an important witness for the appellees on the ground of his generalized alcohol and drug addiction is similarly incorrect. *1364 See Edwards v. State,
There is error, however, in the trial judge's refusal to award prejudgment interest on the plaintiff's quantum meruit recovery. See Argonaut Ins. Co. v. May Plumbing Co.,
Affirmed in part, reversed in part.[2]
NOTES
Notes
[1] The appellant's other substantive positions have been mooted by these determinations.
[2] The appellees' single point on cross-appeal is not well taken. See Gulf Heating and Refrigeration Co. v. Iowa Mut. Ins. Co.,
