[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 18-10912

________________________

D.C. Docket No. 1:15-cv-22618-UU

ALBERTO RUIZ, 

 Plaintiff - Appellant,

versus

OFFICER JENNIFER WING,

#7741,

OFFICER DANNY FALLS, 

#1833,

 Defendants - Appellees,

UNKNOWN OFFICER,

City of Miami Police, et al.,

 Defendants.

________________________

Appeal from the United States District Court

for the Southern District of Florida

________________________

(February 4, 2021)

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Before MARTIN, GRANT, and LAGOA, Circuit Judges.

LAGOA, Circuit Judge:

This appeal asks us to determine whether a pro se motion for a new trial that 

is stricken because the movant is represented by counsel tolls the time for filing a 

notice of appeal of the judgment under Federal Rule of Appellate Procedure

4(a)(4)(A). We conclude that it does. 

Alberto Ruiz brought an action against Officers Jennifer Wing and Danny 

Fals1 under 42 U.S.C. § 1983, alleging that the Officers used excessive force when 

apprehending him. Following a jury trial, the jury returned a verdict for the Officers, 

and, on January 11, 2018, the district court entered final judgment in favor of the 

Officers and against Ruiz. Although represented by counsel, Ruiz, acting pro se, 

filed a motion for new trial pursuant to Federal Rule of Civil Procedure 59 on 

January 26, 2018. The district court struck Ruiz’s motion as an unauthorized pro se

filing by a represented party on February 27, 2018, and subsequently denied a 

motion for reconsideration filed by Ruiz’s counsel. Ruiz filed his notice of appeal 

on March 6, 2018, and now appeals the entry of final judgment against him and the 

district court’s order striking his motion for a new trial. The Officers moved to

dismiss this appeal for lack of jurisdiction, arguing that Ruiz’s notice of appeal was 

1 In the record below, the Officer’s last name is spelled interchangeably as “Falls” or 

“Fals.” For purposes of this appeal, we refer to him as Officer Danny Fals, as the Officer spelled 

his last name as Fals and that spelling was used in the district court’s entry of final judgment.

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untimely. For the reasons discussed below, we conclude that Ruiz’s Rule 59 motion 

for a new trial tolled the time for him to file a notice of appeal, that his notice of 

appeal was therefore timely, and that we have jurisdiction over Ruiz’s appeal. But 

because none of Ruiz’s claims have merit, we affirm.

I. FACTUAL AND PROCEDURAL HISTORY

On the morning of September 24, 2014, Ruiz stole a Sports Utility Vehicle 

(“SUV”) from the valet area of a Miami hotel. During the carjacking, Ruiz scuffled 

with the valet staff and, in his attempt to drive away, crashed the SUV into parked 

cars and hotel employees, knocking over luggage carts and injuring many of the 

hotel employees in the valet area. Ruiz then fled the scene with the SUV. The 

hotel’s security cameras captured all of Ruiz’s actions on video (the “Hotel Video”). 

After stealing the SUV, Ruiz sold the personal property inside of the SUV, including 

valuable electronics, to a person known by Ruiz to purchase stolen goods. 

Later that day, City of Miami police officers located Ruiz by tracking his 

cellphone to a motel, although his exact location within the motel was unknown.

Officers Wing and Fals, members of a tactical City of Miami Police Department unit 

focused on robbery, were called to assist with the arrest. Although the Officers knew 

the nature of the crimes for which Ruiz was to be arrested—carjacking, attempted 

murder, and robbery—they had not viewed the Hotel Video prior to arriving at the 

motel. 

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Ruiz was eventually subdued and arrested in his motel room. By the end of 

the arrest, Ruiz suffered a broken jaw and fractured ribs. The Miami-Dade County 

State Attorney’s Office charged Ruiz with several felonies based on his theft of the 

SUV, and Ruiz ultimately pled guilty to those charges in state court and was 

sentenced to a twenty-year prison sentence. 

Ruiz subsequently filed a pro se complaint in federal district court against the 

Officers pursuant to 42 U.S.C. § 1983, alleging that the Officers used excessive force 

when apprehending him. About six months before trial commenced, Ruiz obtained 

pro bono trial counsel through a volunteer program administered by the Southern 

District of Florida, and Ruiz’s counsel filed a notice of appearance on behalf of Ruiz 

as “counsel of record.”2

 The notice of appearance did not reflect any understanding 

between Ruiz and his counsel that their attorney-client relationship would conclude 

immediately following the trial or that counsel’s engagement was limited solely to 

the trial itself.

Prior to trial, Ruiz, through counsel, filed a motion in limine to exclude, 

among other things, certain facts relating to Ruiz’s arrest. The motion in limine did 

not reference the Hotel Video or any specific facts or evidence, but instead sought 

to exclude all facts relating to Ruiz’s crimes as irrelevant and unfairly prejudicial. 

2 Until Ruiz’s pro se motion for new trial, Ruiz’s counsel filed all of the papers with the 

district court and made all of the presentations before the district court and the jury on Ruiz’s 

behalf. 

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[Id.] The district court denied the motion, finding that the information relating to 

Ruiz’s underlying crimes would be relevant at trial to the severity of the crimes for 

which Ruiz was arrested, which is a factor when considering the reasonableness of 

the Officers’ use of force during Ruiz’s arrest. The district court further noted that, 

given the physical altercations during the commission of Ruiz’s crimes, information 

surrounding the crimes would be relevant as to causation of Ruiz’s injuries. 

At a pretrial conference, Ruiz noted his intent to play the Hotel Video for the 

jury during his opening statement. Ruiz and the Officers later agreed to jointly play 

the Hotel Video to the jury as a court exhibit before opening statements. The case 

proceeded to trial, and, pursuant to the parties’ agreement, the district court began 

the trial by playing the Hotel Video. Ruiz did not object to the presentation of the 

Hotel Video. Indeed, he referred to the Hotel Video throughout trial. 

During trial, Ruiz and the Officers presented conflicting testimony regarding 

the events immediately prior to Ruiz’s arrest. Ruiz testified that he was in his motel 

room when he heard a commotion outside of the door. He testified that he opened 

the door and complied with the Officers’ demands to lay on the floor. Ruiz explained 

that, after he laid down, Officer Fals kicked him in the face and ribs and directed 

Officer Wing to taser Ruiz while both Officers interrogated him about the stolen 

property from the SUV. Ruiz further testified that he believed the Officers stole the 

money that he had received from selling the stolen property, along with Ruiz’s gold 

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chain. In contrast, Officer Fals testified that he spotted Ruiz in the motel courtyard, 

and that Ruiz attempted to flee. Officer Fals explained that he pursued Ruiz and 

tackled him into furniture as Ruiz tried to run into his motel room and shut the door. 

Similarly, Officer Wing testified that she saw Officer Fals chasing Ruiz through the 

motel courtyard to a motel room. She further testified when she arrived at the room, 

she saw Officer Fals wrestling with Ruiz on the ground as he resisted and fought 

back. Both Officers testified that Ruiz violently resisted arrest, which caused Officer 

Fals to strike Ruiz with closed fists and Officer Wing to use her taser on Ruiz. 

Of relevance to this appeal, counsel for the Officers made certain comments 

and arguments during opening statement, closing argument, and direct examinations

that Ruiz now characterizes as improper and based on facts outside of the evidence 

presented. These include comments (1) regarding how and when the police tracked 

Ruiz’s phone, (2) implying that Ruiz’s crimes were covered by the media, (3) 

implying that Ruiz had smoked crack cocaine on the day of his arrest and that a crack 

pipe was found in Ruiz’s motel room, (4) discussing Ruiz’s other crimes and his 

danger to the community, (5) bolstering the Officers’ credibility, including calling 

them “heroes,” and (6) using words and phrases that Ruiz contends are inflammatory 

or exaggerated. Ruiz, however, objected to only some of these statements. 

Additionally, following Ruiz’s first objection, he stated that he “ha[d] a motion,” but

did not explicitly raise this “motion” as a motion for mistrial. After making a second 

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objection, Ruiz asked to renew this “motion” later in the proceedings. But Ruiz

again did not specify the nature of this “motion” nor ever raise the motion later in 

the proceedings.

Also of relevance to this appeal, the district court interrupted questioning 

during the examination of Ruiz to clarify and ensure responsive answers. For 

example, when Ruiz’s counsel described the person who purchased Ruiz’s stolen 

goods as a “pawn shop,” the district court interjected to clarify that the person was a 

“fence” who deals in stolen goods and not a pawn shop. Throughout trial, the district 

court also directed Ruiz’s counsel to refrain from argumentative questioning, to 

proceed expeditiously, and to not seek duplicative or otherwise improper testimony. 

During the jury’s deliberations, the jury requested to see the Hotel Video 

again. No party objected, and the district court allowed the jury to see the video. 

The jury then returned a verdict for the Officers. On January 11, 2018, the district 

court entered final judgment in favor of the Officers and against Ruiz. 

On January 26, 2018, Ruiz—acting pro se—filed a motion for a new trial 

pursuant to Federal Rule of Civil Procedure 59. In that motion, Ruiz argued that the 

district court should not have allowed the Hotel Video to be presented to the jury 

during the trial. Ruiz attached to his motion a notice to the clerk advising that Ruiz’s 

trial attorney “is believed that he will not be representing me on any other issues of 

the case.” The Officers opposed Ruiz’s motion for a new trial, arguing that the pro 

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se filing should be stricken because Ruiz was represented by counsel. The Officers 

additionally argued that Ruiz waived any objection to admission of the Hotel Video 

and that admission of the Hotel Video was not erroneous or a basis for a new trial. 

Ruiz’s trial counsel then filed a notice adopting Ruiz’s pro se motion for a new trial 

and advising that counsel was “re-appear[ing] as pro bono counsel [for Ruiz] for 

purposes of the post-trial phase(s) of this case.” 

On February 27, 2018, the district court struck Ruiz’s motion for a new trial 

as an unauthorized pro se filing by a represented party. Ruiz, through counsel, 

moved for reconsideration of the order striking the motion. On March 6, 2018, the 

district court denied Ruiz’s motion for reconsideration, noting that Ruiz had been 

continuously represented by counsel since his counsel’s initial notice of appearance. 

That same day, Ruiz filed his notice of appeal, and this appeal ensued.

II. STANDARDS OF REVIEW 

Generally, we review a district court’s evidentiary rulings for abuse of 

discretion. Lamonica v. Safe Hurricane Shutters, Inc., 711 F.3d 1299, 1317 (11th 

Cir. 2013). However, on issues that a plaintiff fails to object to at trial, we review 

only for plain error. See ML Healthcare Servs., LLC v. Publix Super Mkts., Inc., 881 

F.3d 1293, 1305 (11th Cir. 2018).

Additionally, we review the district court’s disposition of a motion for a new 

trial and a motion for mistrial for abuse of discretion. Ard v. Sw. Forest Indus., 849 

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F.2d 517, 520 (11th Cir. 1988) (explaining review standard for disposition of a 

motion for new trial); Frederick v. Kirby Tankships, Inc., 205 F.3d 1277, 1285 (11th 

Cir. 2000) (explaining review standard for disposition of a motion for mistrial).

III. ANALYSIS

On appeal, Ruiz argues that the final judgment in favor of the Officers should 

be vacated and that this Court should remand this case for a new trial. Specifically, 

Ruiz argues that the district court erred by (1) allowing the Hotel Video to be shown 

to the jury; (2) allowing and not correcting comments made by the Officers’ counsel

during opening statement, closing argument, and examination of the witnesses; (3) 

not considering Ruiz’s intended motion for mistrial made during the Officers’ 

opening statement; and (4) directly questioning Ruiz and instructing Ruiz’s counsel 

on their questioning and trial management. Ruiz also argues that the district court 

erred in striking his pro se motion for a new trial. In response, the Officers contend 

that we lack jurisdiction to consider Ruiz’s appeal because his notice of appeal was 

untimely. We first address the jurisdictional issue before turning to the merits of the 

appeal.

A. Jurisdiction

Federal Rule of Appellate Procedure 4(a)(1)(A) requires a party in a civil 

action to file its notice of appeal “within 30 days after entry of the judgment or order 

appealed from.” The time for filing an appeal is tolled, however, when a party timely 

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files one of the motions enumerated in Rule 4(a)(4), including a motion “for a new 

trial under [Federal Rule of Civil Procedure] 59.” Fed. R. App. P. 4(a)(4)(v). “[T]he 

timely filing of a notice of appeal in a civil case is a jurisdictional requirement.” 

Green v. DEA, 606 F.3d 1296, 1300 (11th Cir. 2010) (alteration in original) (quoting 

Bowles v. Russell, 551 U.S. 205, 214 (2007)). Therefore, when an appellant fails to 

file a notice of appeal within thirty days “after entry of the judgment or order 

appealed from,” or within thirty days of “the entry of the order disposing” of an 

appropriate post-trial motion, we lack jurisdiction to consider the appeal. Fed. R. 

App. P. 4(a)(1)(A), (a)(4)(A); see Green, 606 F.3d at 1301–03. Additionally, 

“[u]ntimely motions under Rules 59 and 60 will not toll the time for filing an 

appeal.” Green, 606 F.3d at 1300 (quoting Advanced Estimating Sys., Inc. v. Riney, 

77 F.3d 1322, 1323 (11th Cir. 1996)).

Here, the district court entered final judgment on January 11, 2018, and Ruiz 

filed his notice of appeal on March 6, 2018—more than thirty days later. Although 

Ruiz filed his notice of appeal more than thirty days after entry of final judgment, it 

was filed within thirty days of the district court’s order striking his January 26, 2018, 

pro se motion for a new trial.3

 And the Officers do not dispute that Ruiz filed his 

3 Ruiz’s motion for reconsideration of the district court’s denial of his Rule 59 motion for 

new trial did not toll the time for filing his notice of appeal. See Wright v. Preferred Rsch., Inc., 

891 F.2d 886, 889 (11th Cir. 1990) (explaining that “the language and purpose of Rule 4(a)(4) 

indicate that the time for appeal is postponed only by an original motion of the type specified” and 

that, generally, “a motion to reconsider an order disposing of such a motion will not further 

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pro se motion for a new trial under Rule 59 within the time permitted by that rule. 

See Fed. R. Civ. P. 59(b) (“A motion for a new trial must be filed no later than 28 

days after the entry of judgment.”). 

The Officers, however, argue in their motion to dismiss4 that Ruiz’s pro se 

motion, which the district court struck as an unauthorized pro se filing by a 

represented party, was not “file[d]” for purposes of Rule 4(a) and should be treated 

as a nullity that did not toll Rule 4’s deadline for filing the notice of appeal. As such, 

the Officers contend that Ruiz’s notice of appeal is untimely as to any appeal from 

the final judgment and that we lack jurisdiction to review his appeal as to the final 

judgment. We reject this argument as inconsistent with the plain language of Rule 

4. 

We construe rules of procedure like any other statutory scheme, i.e., by 

determining the rule’s plain meaning. Burns v. Lawther, 53 F.3d 1237, 1240 (11th 

Cir. 1995). Thus, we begin our analysis by looking at the language of the rule, and, 

absent a definition of a term contained in the rule, we look to the common usage of 

postpone the time to appeal” (emphasis in original) (quoting 9 Moore’s Federal Practice 

¶ 204.121[1])).

4 The Officers moved to dismiss all issues on appeal for lack of jurisdiction, i.e., issues 

arising from the final judgment as well as issues arising from denial of the motion for new trial. 

In an August 23, 2018, order, this Court denied the Officers’ motion as to the orders disposing of 

Ruiz’s pro se motion for a new trial, as Ruiz appealed from those orders within thirty days of their 

entry, and further ordered that the issue regarding Ruiz’s appeal from the entry of final judgment 

be carried with the case. We therefore only address our jurisdiction to review the issues raised as 

to the final judgment.

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words for their meaning. See People for Ethical Treatment of Animals, Inc. v. Miami

Seaquarium, 879 F.3d 1142, 1146 (11th Cir. 2018); In re Hood, 727 F.3d 1360, 1364 

(11th Cir. 2013). “Dictionary definitions speak to common usage,” and the plain 

meaning of a word must be viewed in the context of the entire text. Miami

Seaquarium, 879 F.3d at 1146–47. Indeed, “[t]he ordinary-meaning rule is the most 

fundamental semantic rule of interpretation. It governs constitutions, statutes, rules, 

and private instruments.” Antonin Scalia & Bryan A. Garner, Reading Law 69 

(2012) (footnote omitted). While most words carry more than one dictionary 

definition, “[o]ne should assume the contextually appropriate ordinary meaning 

unless there is reason to think otherwise.” Id. at 70. 

Federal Rule of Appellate Procedure 4(a)(4)(A) provides, in relevant part:

If a party files in the district court any of the following motions under 

the Federal Rules of Civil Procedure—and does so within the time 

allowed by those rules—the time to file an appeal runs for all parties 

from the entry of the order disposing of the last such remaining motion:

. . . 

(v) for a new trial under Rule 59 . . .

(emphasis added). Black’s Law Dictionary defines the verb “file” as “[t]o deliver a 

legal document to the court clerk or record custodian for placement into the official 

record.” File, Black’s Law Dictionary (11th ed. 2019). In order to toll the time to 

file a notice of appeal, Rule 4(a)(4)(A) simply requires that a party file one of the 

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motions enumerated in the rule and that the filing be timely. The rule requires 

nothing more. 

While the Officers contend that the order striking Ruiz’s pro se motion as an 

authorized pro se filing rendered the motion a nullity, nothing in Rule 4(a)(4) 

conditions the tolling of time to file a notice of appeal on a merits denial of the 

relevant motion. Rule 4(a)(4) also does not contain any language permitting a court 

to find that a timely filed motion is void ab initio in some way. Indeed, Rule 4(a)(4) 

tolls the time to file a notice of appeal based on “entry of the order disposing of” the 

“last such remaining motion.” (emphasis added). The term “dispose” in this context 

means “to settle a matter finally or definitively [or] . . . to treat or handle (something) 

with the result of finishing or finishing with.” Dispose, Webster’s Third New Int’l 

Dictionary (2002); see also Dispose, The American Heritage Dictionary of the 

English Language (3d ed. 1996) (defining “dispose” as, among other things, “[t]o

settle or decide a matter [and] [t]o get rid of; throw out”). By entering an order 

striking Ruiz’s pro se motion for a new trial pursuant to Rule 59, the district court 

denied the relief sought and decided the motion on procedural grounds. The district 

court’s order striking the motion thus constitutes “disposing of” the motion as 

contemplated by the plain meaning of Rule 4(a)(4)(A), and the Officers concede that 

Ruiz filed his notice of appeal within thirty days of that order. 

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Finally, Rule 4(a)(4)(A)’s language does not require that an enumerated

motion be filed by an attorney or authorized by the district court, nor are we 

permitted to add words to the rule. See Friends of Everglades v. S. Fla. Water Mgmt. 

Dist., 570 F.3d 1210, 1224 (11th Cir. 2009). As discussed below, while it was within 

the district court’s discretion to strike Ruiz’s pro se motion, the motion was 

nonetheless timely filed for purposes of Rule 4(a)(4)(A). Accordingly, Ruiz’s notice 

of appeal, which was filed within thirty days of the district court’s order striking the

motion for new trial, is timely, and we have jurisdiction over his appeal.

5

 We now 

turn to the merits of the appeal. 

B. Whether the Hotel Video’s admission was erroneous

Ruiz challenges the district court’s admission of the Hotel Video, which

depicts violent actions by Ruiz that were not observed by the Officers prior to the 

arrest and that occurred hours before, and miles away from, the arrest. Ruiz argues 

that the Hotel Video is irrelevant to his claims against the Officers and unfairly 

prejudicial because it is inflammatory. In response, the Officers contend that the 

Hotel Video is relevant because it shows the severity of the crimes for which Ruiz 

was arrested—a factor in determining the reasonableness of force used in an arrest—

5 We note that our conclusion is consistent with that of two other Circuits facing similar 

facts. See Fontanillas-Lopez v. Morell Bauzá Cartagena & Dapena, LLC, 832 F.3d 50, 58–59 (1st 

Cir. 2016); Carlson v. CSX Transp., Inc., 758 F.3d 819, 824–26 (7th Cir. 2014). And although 

another Circuit has reached a different conclusion, we respectfully disagree with its reasoning. See 

Bunn v. Perdue, 966 F.3d 1094, 1098 (10th Cir. 2020).

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and because the physical altercation shown on the video is probative of the cause of 

Ruiz’s injuries. The Officers also contend that Ruiz waived his objection to 

admission of the Hotel Video because he agreed to play it to the jury as a joint exhibit 

and failed to object to its admission at trial. 

To preserve an evidentiary error for appeal, the aggrieved party must, on the 

record, timely object at trial or file a motion to strike and state the specific grounds 

for the purported error. See Fed. R. Evid. 103(a). “The overruling of a motion in 

limine is not reversible error, only a proper objection at trial can preserve error for 

appellate review.” United States v. Gari, 572 F.3d 1352, 1356 n.2 (11th Cir. 2009)

(quoting United States v. Rutkowski, 814 F.2d 594, 598 (11th Cir. 1987)); accord

Goulah v. Ford Motor Co., 118 F.3d 1478, 1483 (11th Cir. 1997) (“Absent some 

good reason for failing to object at trial, . . . a motion [in limine] does not preserve 

an error for appeal.”). Moreover, a party introducing evidence generally “cannot 

complain on appeal that the evidence was erroneously admitted.” Ohler v. United 

States, 529 U.S. 753, 755 (2000). This is true even when a party preemptively 

introduces evidence that the party sought to exclude in a motion in limine as a 

“tactical advantage.” See id. at 756–60 (concluding that “a defendant who 

preemptively introduces evidence of a prior conviction on direct examination may 

not on appeal claim that the admission of such evidence was error”).

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Based on our review of the record, we conclude that Ruiz waived his objection 

to the admissibility of the Hotel Video by preemptively playing the video and not 

objecting to its admission at trial. Here, Ruiz moved in limine for a blanket exclusion 

of all facts relating to his underlying crimes, which the district court denied. At trial, 

rather than making a timely objection to the admission and presentation of the Hotel 

Video, Ruiz instead agreed to play the video at the outset of the trial as a joint exhibit 

and referred to the video throughout trial. While Ruiz now claims that this 

arrangement was meant to minimize the prejudice from presentation of the Hotel 

Video to the jury, Ruiz’s strategic trial decision waived his right to now contest the 

admissibility of the video. As expressed by the Supreme Court in Ohler, it would 

be unfair to allow a party to preemptively introduce evidence to “remov[e] the sting,” 

while preserving an objection to its admissibility for appellate review. See id. at 

758. We therefore find that Ruiz waived his objection to the admissibility of the 

Hotel Video. 

Even assuming Ruiz had not waived the issue of the admissibility of the Hotel 

Video, however, the district court did not commit plain error in admitting it and 

permitting it to be played at trial.6

 “[W]hen a party raises a claim of evidentiary 

error for the first time on appeal, we review it for plain error only.” United States v. 

6 While both parties address this issue under the abuse of discretion standard, our review 

is limited to a plain error standard, as it is undisputed that Ruiz failed to raise an objection to the 

Hotel Video at trial. See Smith, 459 F.3d at 1296.

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Smith, 459 F.3d 1276, 1296 (11th Cir. 2006) (alteration in original) (quoting United 

States v. Baker, 432 F.3d 1189, 1202 (11th Cir. 2005)); see also Higgs v. Costa 

Crociere S.P.A. Co., 969 F.3d 1295, 1307 n.2 (11th Cir. 2020) (“It is well established 

that ‘the overruling of a motion in limine does not suffice” for preservation of an 

objection on appeal.’ And where a party fails to renew its objection at trial, our 

review is only for plain error.” (citations omitted) (quoting United States v. Brown, 

665 F.3d 1239, 1247 (11th Cir. 2011))). “For there to be plain error, there must (1) 

be error, (2) that is plain, (3) that affects the substantial rights of the party, and (4) 

that seriously affects the fairness, integrity, or public reputation of a judicial 

proceeding.” Brough v. Imperial Sterling Ltd., 297 F.3d 1172, 1179 (11th Cir. 

2002). Indeed, “[f]or the admission of evidence to constitute plain error, the 

evidence must have been so obviously inadmissible and prejudicial that, despite [the 

opposing party’s] failure to object, the district court, sua sponte, should have 

excluded the evidence.” ML Healthcare Servs., 881 F.3d at 1305 (second alteration 

in original) (quoting United States v. Williams, 527 F.3d 1235, 1247 (11th Cir. 

2008)).

Based on our review of the record, it was not plain error for the district court 

to admit the Hotel Video into evidence, as the Hotel Video was relevant to the issues 

at the heart of Ruiz’s claims and to Ruiz’s injuries. The Hotel Video showed hotel 

employees attempting to forcibly remove Ruiz from the stolen SUV, Ruiz fighting 

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them off, and then repeatedly crashing the vehicle into other cars and people with 

the driver’s door open. Because the Hotel Video is not “so clearly prejudicial to 

[Ruiz] that the district court erred in failing to sua sponte exclude or strike” the 

video, Ruiz has failed to demonstrate plain error as the admission of the Hotel Video. 

Id. at 1305. 

C. Whether comments made by the Officers’ counsel during trial were 

improper

Ruiz next argues that the Officers’ counsel made inappropriate comments 

during trial that impaired the jury’s ability to consider Ruiz’s claims. While Ruiz 

points to various instances of purportedly inappropriate commentary, Ruiz objected 

to only a few of these remarks. Based on our review of the record, these comments, 

even considered together, do not warrant a new trial. 

A party must raise an objection to errors in the opposing party’s argument. 

Oxford Furniture Cos. v. Drexel Heritage Furnishings, Inc., 984 F.2d 1118, 1128 

(11th Cir. 1993). When a timely objection is made, we must determine whether the 

inappropriate comment “impaired a substantial right of the objecting party.” 

Newman v. A. E. Staley Mfg. Co., 648 F.2d 330, 335 (5th Cir. Unit B June 1981)7

; 

see also United States v. Azmat, 805 F.3d 1018, 1044 (11th Cir. 2015) (explaining 

7 Decisions by the former Fifth Circuit issued before October 1, 1981, as well as decisions 

by the Unit B panel of the former Fifth Circuit, are binding precedent on this Court. See Bonner 

v. City of Prichard, 661 F.2d 1206, 1207 (11th Cir. 1981) (en banc); Stein v. Reynolds Sec., Inc., 

667 F.2d 33, 34 (11th Cir. 1982).

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that counsel’s “remarks, suggestions, insinuations, and assertions are improper when 

they are calculated to mislead or inflame the jury’s passions”). We consider “the 

entire argument, the context of the remarks, the objection raised, and the curative 

instruction,” and inappropriate statements made by counsel will not justify a new 

trial unless the “remarks were ‘such as to impair gravely the calm and dispassionate 

consideration of the case by the jury.’” Vineyard v. County of Murray, 990 F.2d 

1207, 1213 (11th Cir. 1993) (quoting Allstate Ins. Co. v. James, 845 F.2d 315, 318 

(11th Cir. 1988)); accord Higgs, 969 F.3d at 1307.

When no objections are raised to the allegedly improper comments, however, 

we review for plain error, “but a finding of plain error ‘is seldom justified in 

reviewing argument of counsel in a civil case.’” Oxford Furniture, 984 F.2d at 1128 

(quoting Woods v. Burlington N. R.R. Co., 768 F.2d 1287, 1292 (11th Cir. 1985)); 

accord Higgs, 969 F.3d at 1307. As noted above, plain error requires a showing that 

(1) an error occurred; (2) the error was plain; (3) it affected substantial rights; and 

(4) “not correcting the error would seriously affect the fairness of the judicial 

proceeding.” Farley v. Nationwide Mut. Ins. Co., 197 F.3d 1322, 1329 (11th Cir. 

1999); accord Brough, 297 F.3d at 1179. When the complaining party objects to 

some but not all allegedly improper statements, we apply these two differing 

standards while considering the record as a whole. See Newman, 648 F.2d at 335.

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As to the objected-to comments, during opening statement, Ruiz objected to 

the Officers’ counsel’s references to evidence regarding the media’s coverage of 

Ruiz’s crimes and Officer Wing’s taser log. During closing argument, Ruiz objected 

to the Officers’ counsel’s reference to the Officers as “heroes” and suggestion that 

Ruiz used some of the proceeds of the stolen property to purchase crack cocaine. 

We conclude that these objected-to comments did not impair Ruiz’s 

substantial rights. The reference to the media coverage of the carjacking did not 

serve to inflame and prejudice the jury, given the fact that the Hotel Video, which 

captured the events surrounding the carjacking, was played to the jury with Ruiz’s 

consent. We similarly fail to see how counsel’s reference to the amount of taser 

attempts in Officer Wing’s taser log substantially prejudiced Ruiz’s rights, given that 

Officer Wing testified as to the log. Regarding the reference to Ruiz’s usage of crack 

cocaine, Ruiz admitted to using cocaine on the day of his arrest in his trial testimony, 

minimizing any prejudicial effect that would impair Ruiz’s rights from the comment. 

And while counsel referenced the Officers as “heroes” in closing argument, we 

cannot say that this reference inflamed or provoked the jury when read in context of 

the entire closing argument. See Vineyard, 990 F.2d at 1213. We also note that the 

district court sustained Ruiz’s objection as to the “heroes” remark, and Ruiz did not 

ask for a curative instruction. 

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Ruiz did not object to the remaining allegedly improper remarks by the 

Officers’ counsel, including comments (1) regarding how and when the police 

tracked Ruiz’s phone and how Ruiz was unaware of that information until trial; (2) 

implying that Ruiz had smoked crack cocaine prior to his arrest; (3) discussing other 

crimes and Ruiz’s danger to the community; (4) bolstering the Officers’ credibility;

and (5) using loaded words such as “mayhem” and “tyranny,” alluding to God, and 

disagreeing with Ruiz’s account of events. Reviewing the record and trial

transcripts, we conclude that Ruiz has failed to demonstrate plain error even 

considering these unobjected-to comments as a whole. These comments were not 

so inflammatory or unsubstantiated as to have provoked or confused the jury or to 

have substantially prejudiced Ruiz’s rights and affected the fairness of the 

proceedings. See Oxford Furniture, 984 F.2d at 1128–29; Brough, 297 F.3d at 1179. 

Additionally, many of these comments could have been cured if Ruiz had objected 

and made such a request, but he did not do so. Thus, Ruiz has not shown reversible 

or plain error as to the allegedly improper comments by the Officers’ counsel.

D. Whether the district court’s questioning and comments to Ruiz and 

his counsel were prejudicial

Ruiz also argues that the district court deprived him of a fair trial by directly 

questioning him during his examination and by commenting on his counsel’s 

questioning and trial efficiency. Ruiz claims the district court improperly questioned 

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him on irrelevant and prejudicial topics and gave the jury the impression that Ruiz’s 

counsel was inept. 

Because Ruiz did not object to the district court’s allegedly improper 

behavior, we may only order a new trial if we find plain error. See Newman, 648 

F.2d at 334–35. In this context, plain error arises only if the district court’s 

comments “were so prejudicial as to deny a party an opportunity for a fair and 

impartial trial.” Id. at 335 (quoting Miley v. Delta Marine Drilling Co., 473 F.2d 

856, 857–58 (5th Cir. 1973)). For example, in Newman, this Court’s predecessor 

ordered a new jury trial because the district court made comments that could have 

led the jury to conclude that the court favored the plaintiff’s position. See id. at 336. 

After reviewing the district court’s questioning and comments in context of 

the trial, we do not find impropriety by the district court that jeopardized the fairness 

of the trial. Ruiz first points to the district court’s questioning as to the “fence” who 

purchased the stolen goods from Ruiz. This questioning, however, was meant to 

correct Ruiz’s counsel’s mischaracterization of that person as a “pawn shop,” which 

is a legitimate business. And the district court did not, by eliciting more information 

about the “fence,” introduce irrelevant or prejudicial evidence. Similarly, the district 

court’s other interruptions during the questioning of Ruiz were in response to Ruiz’s 

evasive and off-topic responses when Ruiz was questioned about his prison sentence 

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and drug use on the day he was arrested. The district court simply asked pointed 

questions to move the trial along. 

As to the district court’s admonitions to Ruiz’s counsel, these were not 

improper. Nor could they have been reasonably perceived by the jury as the district 

court’s bias in favor of the Officers. The record shows the district court’s ongoing 

attempts to have the trial proceed as efficiently as possible, without improper 

questioning or discussion of irrelevant topics. The comments cited by Ruiz follow 

prior warnings and instructions by the district court. As such, we find that they are 

neither unreasonable nor hostile. Moreover, as the Officers correctly point out, the 

district court also admonished the Officers’ counsel when they asked improper 

questions and made inappropriate comments. For example, the district court 

directed the Officers’ counsel to “calm down” at one point, interrupted the Officers’ 

counsel when making argumentative questions or questions calling for hearsay, and 

repeatedly reminded the Officers’ counsel to not lead the witnesses. Because the 

district court did not give the appearance that it favored the Officers over Ruiz nor 

otherwise deprived Ruiz of a fair trial, Ruiz failed to show plain error in the district 

court’s questioning and commentary. 

E. Whether Ruiz’s motion for mistrial was erroneously not considered 

or denied

During the Officers’ opening statement, Ruiz coupled his first two objections 

with references to a “motion” but did not state the grounds or request any relief. 

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Ruiz now claims that he intended to raise a motion for mistrial based on improper 

comments, and the district court erred in refusing to consider it or, alternatively, 

summarily denying it. We conclude that Ruiz failed to raise a cognizable motion for 

mistrial, and, even if he had made such a motion, the district court’s summary denial 

of such a motion would not constitute reversible error.

While a motion made at trial need not be made in writing, it must “state with 

particularity the grounds for seeking the order” and “state the relief sought.” Fed. 

R. Civ. P. 7(b); accord Davis v. Hill Eng’g, Inc., 549 F.2d 314, 325 (5th Cir. 1977) 

(“[Federal Rule of Civil Procedure] 7(b)(1) requires that a motion state with 

particularity the grounds on which it is based.”). As discussed above, to grant a 

motion for mistrial based on counsel remarks, the remarks must be “such as to impair 

gravely the calm and dispassionate consideration of the case by the jury.” See 

Vineyard, 990 F.2d at 1213 (quoting Allstate, 845 F.2d at 318). And to find that the 

district court erred in not considering or denying a motion for mistrial, we must find 

that the allegedly improper commentary “impaired a substantial right of the 

objecting party.” See Newman, 648 F.2d at 335. 

Here, Ruiz first stated that he “[had] a motion,” to which the district court 

responded, “I don’t see the problem. I’m not going to hear any of that.” After his 

second objection, Ruiz stated, “We are renewing our motion when you have time.” 

The district court then directed the Officers’ counsel to “[g]o on to something else.” 

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Ruiz, however, never specified what type of “motion” he was seeking to make nor 

did he raise his motion at a later point during the trial proceedings. Without any 

indication in the record as to the substance of Ruiz’s motion, we find that Ruiz did 

not assert a proper motion for mistrial under Rule 7(b). 

But even if Ruiz had asserted a proper motion for mistrial, that motion only 

covered several objected-to comments made by the Officers’ counsel during opening 

statement. And as discussed above, those comments did not impair the jury’s ability 

to consider Ruiz’s claims or impair a substantial right of Ruiz. See Vineyard, 990 

F.2d at 1213; Newman, 648 F.2d at 335. Thus, even assuming that Ruiz properly 

raised a motion for mistrial, the district court’s summary denial does not warrant a 

new trial. 

F. Whether the district court erred in striking Ruiz’s pro se motion 

for new trial

Finally, Ruiz argues that the district court erred in striking his pro se motion 

for a new trial as an unauthorized pro se filing. We find this argument without merit.

“It is the law of this circuit that the right to counsel and the right to proceed pro se

exist in the alternative and the decision to permit a defendant to proceed in a hybrid 

fashion rests in the sound discretion of the trial court.” United States v. LaChance, 

817 F.2d 1491, 1498 (11th Cir. 1987). We also give great deference to a district 

court’s interpretation of its local rules. Clark v. Hous. Auth. of Alma, 971 F.2d 723, 

727 (11th Cir. 1992). 

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Here, Ruiz’s counsel filed a notice of appearance on behalf of Ruiz and did 

not seek to withdraw from the case after trial. Ruiz nonetheless filed a pro se Rule 

59 motion for new trial. The local rules in the Southern District of Florida prohibit 

a represented party from appearing or acting on his or her own behalf unless the 

district court first enters an order of substitution. S.D. Fla. L.R. 11.1(d)(4); see also

Fed. R. Civ. P. 11(a) (“Every pleading, written motion, and other paper must be 

signed by at least one attorney of record in the attorney’s name—or by a party 

personally if the party is unrepresented.” (emphasis added)). 

Ruiz argues that he was not represented by counsel when he filed the pro se

motion because his attorneys had only agreed to represent Ruiz pro bono for the 

trial. Even accepting this description of Ruiz’s arrangement with his attorney as 

true—and that Ruiz’s counsel was simply slow to formally withdraw his 

representation—Ruiz never sought an order of substitution from the district court 

following trial or at the time he filed his pro se motion for new trial in violation of 

the Southern District of Florida’s local rules. See S.D. Fla. L.R. 11.1(d)(4). Ruiz 

further asserts that the local rules and LaChance should not apply to him based on 

his attorneys’ pro bono participation through a volunteer program. We find this 

argument without merit, as there exists no authority or support for Ruiz’s claimed 

exception. Therefore, when the district court struck Ruiz’s pro se motion for a new 

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trial, it acted within its discretion and based on a permissible interpretation of its 

governing local rules. 

Finally, Ruiz premised his motion for a new trial on the admission of the Hotel 

Video at trial. As we have previously explained, that argument is without merit. 

Thus, even considering the merits of Ruiz’s motion, the district court did not abuse 

its discretion by striking Ruiz’s motion for a new trial.

IV. CONCLUSION

For the foregoing reasons, we have jurisdiction to hear this appeal. And 

having examined each of Ruiz’s arguments, we conclude that no error has been 

shown. Accordingly, we affirm both the district court’s entry of final judgment in 

favor of the Officers and the district court’s order striking Ruiz’s pro se Rule 59 

motion for new trial. 

AFFIRMED.

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