ARTHUR J. FITZELL, APPELLANT/CROSS-APPELLEE,
v.
RAMA INDUSTRIES, INC., APPELLEE/CROSS-APPELLANT

Fla. 4th DCA | 1982-07-21
No. 81-150
GLICKSTEIN and HURLEY, JJ, concur.
416 So. 2d 1246 Florida District Court of Appeal, Fourth District (1982) Negative Treatment
Cited by 19 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

A trial court cannot reconvene a discharged jury to alter its verdict, even if the judge believes the verdict does not conform to the jurors' intent.


Headnotes

[1] A trial court may not reconvene a discharged jury to alter or amend its verdict, as jurors lose their separate identity as a jury and become subject to extra-trial influe…

[2] A trial judge may not use information gleaned from an informal post-verdict conference with jurors to change or alter the jury's verdict.

Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

After a jury returned a verdict and was discharged, the trial judge conducted an informal discussion with jurors, concluded the verdict did not reflec…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
DELL, Judge.

DELL, Judge.

Arthur J. Fitzell appeals a final judgment based upon a verdict returned after the trial court had discharged the jury.

The jury returned a verdict awarding compensatory and punitive damages to appellant while denying recovery to appellee Rama Industries on its counterclaim. The trial court discharged the jury following publication of the verdict and polling of the jurors. During an informal discussion with the jurors without the presence of counsel or a court reporter the trial judge concluded that a part of the verdict did not conform to the intent of the jurors. The trial court set aside the verdict on appellee’s counterclaim and reconvened the jury, which subsequently returned a verdict for the appellee on its counterclaim. Following the entry of a final judgment appellee caused execution to issue on appellant’s personal property.

Appellant contends that the jury did not have authority to enter a new and different verdict after it rendered its first verdict and then was discharged.

We recognize that from time to time a trial judge may conduct an informal conference with a jury after it has been discharged, with the hope of developing a better understanding of those factors which may influence a jury in its deliberations. However, such conferences may not be used to delve into the factual basis for the jury’s decision or to furnish a basis for a new trial or to cause the jury to alter its verdict. When a judge conducts such a conference he is acting at his peril since he may learn of factors which influenced the jury’s verdict and which may be material to post-trial motions. Under no circumstances may he use the information gleaned from such post-verdict conferences to change or alter the jury’s verdict.

In Kirkland v. Robbins, 385 So. 2d 694 (Fla. 5th DCA 1980), pet. for rev. denied, 397 So. 2d 779 (Fla.1981), the trial judge relied upon a post-trial interview with members of the jury when he considered a motion for remittitur or in the alternative, a new trial. The District Court held that If a verdict is pronounced in the presence of all jurors which presumptively has satisfied the enlightened conscience of each of them, it is against public policy to inquiry [sic] into the motives and influences by which their deliberations were governed. Velsor v. Allstate Insurance Co., 329 So. 2d 391 (Fla. 2d DCA 1976). Thus, inquiry is proper only in such cases involving matters extrinsic to the verdict such as arrival at the verdict by lot or quotient, improper contact with a juror or misconduct of a juror; investigation of the subjective decision-making process of the jury is not permissible. Id. at 393; Magid v. Mozo, 135 So. 2d 772 (Fla. 1st DCA 1962). See also Ortega v. Perrini & Sons, Inc., 371 So. 2d 203 (Fla. 2d DCA 1979).

Id. at 695-96.

A party may invoke the provisions of Rule 1.431(g), Florida Rules of Civil Proce dure, and move for an order permitting an interview of a juror or jurors to determine whether a basis exists to challenge a jury’s verdict. In the case sub judice, once the trial judge learned that the jurors may have misunderstood the effect of their verdict, he should have notified counsel and entertained a motion to interview jurors pursuant to Florida Rule of Civil Procedure 1.431(g). The Kirkland Court, supra, stated that The trial judge was not authorized to conduct an informal interview of the jurors after their dismissal and especially to then use the results of this poll as a factual basis for his decision on the motion for remittitur. After the jury has returned its verdict and has been discharged and separated, it cannot be recalled to alter or amend its verdict since the jury members lose their separate identity as a jury and are subject to extra trial influences. United States Fidelity & Guaranty Co. v. Gulf Florida Development Corp., 365 So. 2d 748 (Fla. 1st DCA 1978). Thus, for the same reasons, it would appear that a juror’s recall of the jury deliberations would also be unreliable and should not be allowed to influence the judge in his determination of the correctness of the verdict.

Id. at 696.

Thus, we conclude that the trial court’s actions in the case sub judice were improper and that he erred in reconstituting the jury and reconvening them sua sponte for further deliberations. Accordingly, we reverse and remand this cause for a new trial on all issues previously tried and for proceedings to return appellant’s personal property seized under the writ of execution issued pursuant to the final judgment.

REVERSED and REMANDED.

GLICKSTEIN and HURLEY, JJ, concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Norman v. Gloria Farms, Inc., 668 So. 2d 1016 (Fla. 4th DCA 1996)
    …ve act extrinsic to the verdict which potentially compromises the integrity of the fact-finding process. See Maler v. Baptist Hosp. of Miami, Inc., 559 So. 2d 1157 (Fla. 3d DCA 1990), order approved, 579 So. 2d 97 (Fla.1991); Fitzell v. Rama Indus., 416 So. 2d 1246, 1247 (Fla. 4th DCA 1982). As stated by the third district in Moler: In order to constitute juror misconduct and, therefore, a matter extrinsic to the verdict sufficient to set aside the verdict or for a post-trial jury inquiry, Florida and other c…
  • Dover Corp. v. Dean, 473 So. 2d 710 (Fla. 4th DCA 1985)
    …t is simply that the end justifies the means. We reject that argument. Lucking up on a good ground during the interview does not justify an interview without adequate grounds. Furthermore, Dean misreads our case of Fit-zell v. Rama Industries, Inc., 416 So. 2d 1246 (Fla. 4th DCA 1982). That case stands for the proposition stated therein that a trial judge should not grant a new trial based upon information gleaned from a post-verdict conference he has with jurors. He should notify counsel and advise them of th…
  • Cedars OF Lebanon Hosp. Corp. v. Orlando Silva, M.D., 476 So. 2d 696 (Fla. 3d DCA 1985)
    …iberative process which “inhere in the verdict.” See, e.g., Marks v. State Road Department, 69 So. 2d 771 (Fla.1954); Raidle Cook Insurance, Inc. v. American States Insurance Co., 437 So. 2d 184 (Fla. 4th DCA 1983); Fitzell v. Rama Industries, Inc., 416 So. 2d 1246 (Fla. 4th DCA 1982). Obviously, inquiry about the bailiff’s statements to the jurors that they could not communicate with the judge, being “extrinsic to the verdict,” is perfectly permissible. While inquiry into the nature of the questions that the…
    1 / 2

Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw