THE FOREMOST INSURANCE COMPANY AND OSTEOPATHIC GENERAL HOSPITAL, APPELLANTS,

v.

HARTFORD INSURANCE GROUP, APPELLEE

Citator

Cited By

• Thomason v. State, 620 So. 2d 1234 (Fla. 1993)
  …Id. at 1226; see also Perkins v. Graziano, 608 So. 2d 532 (Fla. 5th DCA 1992) (no manifest necessity when trial judge sua sponte declared a mistrial because of one juror’s absence without exploring the alternative of continuance); Ostane v. Hickey, 385 So. 2d 110 (Fla. 3d DCA 1980) (trial judge, in declaring mistrial, acted without proof of legally sufficient reason to discharge jury when key witness was stabbed and unavailable and no consideration was given to the alternative of a recess); Bryant v. Stickle…
• Cohens v. Honorable Thomas Elwell, 600 So. 2d 1224 (Fla. 1st DCA 1992)
  …trial despite the willingness of both attorneys to proceed. Petitioner asserts no manifest necessity can exist absent a judicial inquiry and an opportunity for the defendant to cross examine the basis for the discharge of the jury. Ostane v. Hickey, 385 So. 2d 110 (Fla. 3d DCA 1980). Petitioner characterizes the alleged reasons for discharge as nothing more than juror convenience and case management within a monthly trial term, which are not “manifest necessity.” State ex rel. Wheeler v. Cooper, 157 So. 2d 87…
• State v. SLY, 459 So. 2d 479 (Fla. 2d DCA 1984)
  …hereabouts or when she could be found. We feel the original mistrial by the trial court here was a wise decision for the benefit of the defense and analogous to the case of State Ex Rel. Larkins v. Lewis, 54 So. 2d 199 (Fla.1951). Ostane v. Hickey, 385 So. 2d 110 (Fla. 3d DCA 1980), wherein the court declared a mistrial improper and reprosecution barred by double jeopardy, is factually distinguishable. The trial judge in that case had declared a mistrial at the request of the state when an essential state’s…

Authorities Cited

• Zobac v. Se. Hosp. Dist. OF Palm Beach Cnty., 382 So. 2d 829 (Fla. 4th DCA 1980)