SCOTT. SULLIVAN, STREETMAN & FOX, P.C.

AfTORNEYS
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AT LAW
OF COUNSEL: crA~lES E. FlOBEHTSON, cJR. crAGI{ H. HAHHISON BIFIMINGHA~I,
2450

P. STnEET~IAN.

ANTHONY N. FOX cJOSEPH E. STO'I"1'3 GEOHGE WADE ~J. ZOGIII3Y

TENTH FLOOR REGIONS BANK BUILDING 56 SAINT JOSEPH STREET MOBILE, ALABAMA 36602

Al.ABAMA ALAI3A1-IA BOX

OFT1ICE: HOAD
35244-2915

VALLEYDALE

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~IA~On:2 L. GEOHGE' N. IIAIUlINGTON, H. HAl.E ~I. HOUSTON P. HEHIlEHT

GHHISTOPHEH (,HEDDIE CAI1TEH IIEATIlEn NIGIIOI.AS

POST OFFICE

BOX

1034 36633

BIFI~IINGHl\M, POST

.ru.

MOBILE,

ALABAHA

OfFICE

300548 35238-0548

BIHMINGHA~I, TELECOPIEH
W ATS

ALABAMA
(205) 9B7-967f) (205)

(251) 433-1346 TELECOPJEH \VATS (800) (251)433-1086 239-6733

967-7563

~IAR" T. DAVIS ~lICHAEL 1'. BAHlL\TT ~L LJASON VOSS C. PAIGE cr. SCOTT l'o1ARY l\'IARGAI1:ET WAYGAS'I'I~H2 CLYDE NICHOLS, ~IATTHEW A. TAYLOn2 DAVID I.EE GI.ADDEN, cIH.2 STEPHANIE A. TAYLOH2 KENNETH clEHE~IY I.EAH BLAYNE IlARBAHA DAVID TREY O'GAIN2 D. IlAWI{2 L. NIGHOLS2 T. INGHA,'j2 cr. ~'1EEI{S2 L. "GIIANEY" 1112 HEHHlNG5 IWGI.mS2

(aoo)

955-8<378

clAGI{SON,
725

MISSISSIPPI AVICNON ~jISSISSIPPI
607-'(1·800 (601l

OFFICE: DHIVE
89157

WWW.SCOTTSULLIVANLAW.COH

HIDGELAND,
(001)

TELECOPIEH

607-4001

Writer's E-Mail: ypike@scottsullivanlaw.com
3

ALSO I-IE1'>'1IJER OF TENNESSEE ~tE~tBEn :\LSO OF MISSISSIPPI BAR

OAR ONLY

~1E~'1BEn OF GEORGIA OF FLORIDA

BAR DAR

I" GAHNEy2 .JAMES I.. IJANKS2 LEAII N. LEDFOHn2

August 25, 2011

ALSO ~fEMBEH HE}IBEH GEORGI:\

OF HISSISSIPPI IJ:\HS ONLY

AND

Ms. Martha Ingle, Clerk Attn: Civil Division Circuit Court of Walton County, Florida Post Office Box 1260 DeFuniak Springs, Florida 32435 Re: John P. Carroll v. Watersound Beach Community Association, Inc., et al. Circuit Court of the First Judicial Circuit, In and For Walton County, FL Case Number: 2009-CA-002021 Our File Number: 09-053

Dear Ms. Ingle: Enclosed please find the original and one yellow copy of Defendant WaterSound Beach Community Association, Inc.'s, Fourth Motion in Limine in the above-referenced matter. Please file the original, date stamp the yellow copy and return same in the enclosed self-addressed, stamped envelope. Thank you for your assistance in this matter. Sincerely,

Vicki Pike Legal Assistant to CHRISTOPHER L. GEORGE /vap Enclosures

Ms. Martha Ingle, Clerk August 25, 2011 Page 2

cc:

Doris West, J.A. to the Honorable Judge David W. Green (Via Facsimile) John P. Carroll, Pro Se Mark D. Davis, Esq.

IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT IN AND FOR WALTON COUNTY, FLORIDA CIVIL DIVISION JOHN P. CARROLL, Plaintiff,

v.
WATERSOUND BEACH COMMUNITY ASSOCIATION, INC., et al. Defendants.

Case No.

2009

CA 002021

------------------------------------/
DEFENDANT WATERSOUND BEACH COMMUNITY ASSOCIATION, INC.'S FOURTH MOTION IN LIMINE COMES NOW Defendant WaterSound Beach Community Association, Inc.

(hereinafter "Defendant"), by and through counsel, and respectfully requests that this Honorable Court enter an Order in Limine directing the Plaintiff, and any and all other witnesses to refrain from mentioning or referring to - directly or indirectly - during any portion of the case including voir dire examination of the jury venire, the reading of any pleadings, testimony, statements, interrogation of the witnesses, and/ or introduction of any and all evidence or any other manner in the presence of the jury any evidence in any way referring or relating to the purported wealth of the Defendant. In support of this motion, Defendant would show unto this Honorable Court as follows:
1.

Throughout discovery, Plaintiff has made it plain that he intends to attempt

to interject the purported wealth of Water Sound into evidence at the trial of this matter. This was further confirmed by the fact that the Plaintiff included among his numerous

proposed trial exhibits various exhibits pertaining to the purported wealth of Water Sound, such as financial statements for WaterSound.
2.

The law imposes upon a jury the duty to impartially determine the facts and

decide the issues in each case based on the evidence presented and the applicable law. In fact, in civil cases, jurors are specifically instructed that, in reaching their verdict, they "are not to be swayed from the performance of [their] duty by prejudice, sympathy or any other sentiment for or against any party" and that their verdict "must be based on the evidence that has been received and the law on which [the court instructs the jury]." Florida

Standard Jury Instruction 7.1. Fidelity to that duty prohibits a jury from being swayed by sympathy for any party when rendering its verdict. Therefore, the law has long recognized that the rich party and the poor party stand before the jury as equal so that all parties receive a verdict unaffected by their economic status. See Hollenbeck vs. Hooks, 993 So.zd 50, 51 (Fla.
i"

DCA 2008); State Farm Mutual Automobile Insurance Company vs.

Revuelta, 901 So.zd 377,380 (Fla. 3rd DCA2005); Batlemento vs. Dove Fountain, Inc., 593 So.zd 234, 241 (Fla.

s" DCA 1991).

Interjection of the wealth or poverty of any party has

been consistently held by the courts to be irrelevant to the issue of compensatory damages based on negligence, highly prejudicial because it diverts the jury from a fair assessment of damages, and a basis for reversal (Hollenbeck, supra; Revuelta, supra; Padrino vs. Resnick, 615 So.zd 698, 698-99 (Fla. 3rd DCA 1992); Ballard vs. American Land Cruisers, Inc., 537 So.zd 1018, 1020 n.q (Fla. 3rd DCA 1988). 3. In addition, Defendant respectfully submits that the probative value, if any,

of the purported wealth of Defendant is substantially outweighed by the danger of unfair prejudice of the introduction of such evidence and, as such, is due to be excluded pursuant
2

to Rule 90403 of the Fla. Rules of Evidence. WHEREFORE, PREMISES CONSIDERED, Defendant respectfully requests

that this Honorable Court enter an Order in Limine directing the Plaintiff, and any and all other witnesses to refrain from mentioning or referring to - directly or indirectly - during any portion of the case including voir dire examination of the jury venire, the reading of any pleadings, testimony, statements, interrogation of the witnesses, and/ or introduction of any and all evidence or any other manner in the presence of the jury any evidence in any way referring or relating to the purported wealth of the Defendant. Respectfully submitted,

Attorney for Defen ant Community Association, Inc.

Beach

OF COUNSEL: SCaTI', SULLIVAN, STREETMAN & FOX, P.C. Post Office Box 1034 Mobile, Alabama 36633 Telephone: (251) 433-1346 Facsimile: (251) 433-1086 E-Mail: csullivan@scottsullivanlaw.com E-Mail: cgeorge@scottsullivanlaw.com

3

CERTIFICATE OF SERVICE
~.~

I hereby certify that I have this ZS Y day of August, 2011 served a copy of the foregoing to all counsel in this matter via facsimile and by placing same in the United States Mail, properly addressed and first-class postage prepaid as follows: John P. Carroll, Pro Se Box 613524 Watersound, Florida 32461 Mark D. Davis, Esquire 694 Baldwin Avenue, Suite 1 Post Office Box 705 DeFuniak Springs, Florida 32435

OF COUNSEL

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