SANTA FE DEVELOPMENT CORPORATION, APPELLANT,
v.
GUITANNIE RANDOLPH, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DAVID RANDOLPH, DECEASED, AND FRED TEITELBAUM CONSTRUCTION COMPANY OF FLORIDA, INC., APPELLEES

Fla. 3d DCA | 1987-04-07
Nos. 86-154, 86-337
Before BARKDULL, HUBBART and BASKIN, JJ.
506 So. 2d 18 Florida District Court of Appeal, Third District (1987) Positive Treatment
Cited by 4 cases

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Synopsis

Santa Fe Development Corporation appeals a jury verdict finding it liable in a wrongful death action. The appellate court affirmed the judgment, rejecting Santa Fe's arguments regarding jury selection, directed verdict motions, and claims of trial error.


Holding

The court affirmed the judgment on all grounds, finding: (1) the peremptory challenge issue was not properly preserved for appeal; (2) sufficient evidence supported the jury verdict on negligence; (3) no fundamental error appeared in closing argument; and (4) the jury verdict presented no inconsistency and presented a proper jury question on indemnification.


Headnotes

[1] A claim of error regarding the denial of a peremptory jury challenge is not preserved for appellate review if the complaining party did not exercise the challenge as to a…

[2] An appellate court will not pass on abstract legal questions concerning jury selection when the party complaining expresses no dissatisfaction with the ultimate jury sele…

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Key Quotes

“an appellate court will not pass on abstract legal questions concerning a jury selection process where, as here, the party complaining evinces no dissatisfaction whatever at trial with the ultimate jury selected”

Establishes that failure to object to the final jury composition at trial prevents appellate review of jury selection claims

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Facts & Procedural History

David Randolph died in an accident that occurred during a construction project. Santa Fe Development Corporation was the owner of the construction pro…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal by the defendant from a final judgment entered below on an adverse jury verdict in a wrongful death action. The defendant/appellant Santa Fe Development Corporation [hereinafter Santa Fe] raises four points on appeal. We find no merit in these points and affirm, based on the following briefly stated legal analysis.

First, it is plain that the defendant Santa Fe’s claim of error relating to the denial of an alleged exercise of a peremptory jury challenge has not been adequately preserved for appellate review. This is so because Santa Fe’s trial counsel did not seek to exercise a peremptory challenge as to a specific juror, did not object to the jury as finally composed, and expressed no dissatisfaction with the jurors that sat. Plainly, under these circumstances, the peremptory challenge point has not been properly preserved for appellate review, as an appellate court will not pass on abstract legal questions concerning a jury selection process where, as here, the party complaining evinces no dissatisfaction whatever at trial with the ultimate jury selected. Ter Keurst v. Miami Elevator Co., 486 So. 2d 547, 550 (Fla.1986); Young v. State, 234 So. 2d 341 (Fla.1970); Harris v. State, 349 So. 2d 854 (Fla. 2d DCA 1977), cert. discharged, 362 So. 2d 1346 (Fla.1978).

Moreover, we think Santa Fe’s trial counsel agreed, in any event, to the peremptory challenge procedure employed below, and his subsequent effort to renege on this agreement was entirely ineffective. See State ex rel. Pettengill v. Copelan, 466 So. 2d 1133, 1136 (Fla. 1st DCA 1985); Curr v. Helene Transp. Corp., 287 So. 2d 695, 695 (Fla. 3d DCA 1973); Schield Bantum Co. v. Greif, 161 So. 2d 266, 268 (Fla. 3d DCA 1964); Martel v. Carlson, 118 So. 2d 592, 594 (Fla. 3d DCA), cert. denied, 123 So. 2d 674 (Fla.1960).

Second, we see no error in denying the defendant Santa Fe’s motion for directed verdict in this cause. Abundant evidence was adduced below to establish that Santa Fe, as owner, directly influenced the manner of construction in the construction project where the subject accident occurred; that Santa Fe was, in effect, the general contractor on this project; and that Santa Fe was guilty of negligence in supervising the said project, which negligence was a proximate cause of the decedent’s death. We have carefully considered Santa Fe’s arguments to the contrary, but find them unpersuasive. Conklin v. Cohen, 287 So. 2d 56 (Fla.1973); Cadillac Fairview of Fla., Inc. v. Cespedes, 468 So. 2d 417, 421 (Fla. 3d DCA), pet. for review denied, 479 So. 2d 117 (Fla.1985); Atlantic Coast Devel. Corp. v. Napoleon Steel Contractors, 385 So. 2d 676, 679 (Fla. 3d DCA 1980).

Third, fundamental error is not presented, as urged, by plaintiff counsel’s final argument to the jury. See Good Samaritan Hosp. Ass’n v. Saylor, 495 So. 2d 782, 783 (Fla. 4th DCA 1986); Division of Corrections v. Wynn, 438 So. 2d 446, 449 (Fla. 1st DCA 1983); Hercules, Inc. v. Coto, 434 So. 2d 4, 5 (Fla. 3d DCA), pet. for review denied, 441 So. 2d 632 (Fla.1983); Murray-Ohio Mfg. Co. v. Patterson, 385 So. 2d 1035 (Fla. 5th DCA 1980).

Fourth, we see no error in the trial court’s denial of a directed verdict on Santa Fe’s indemnification claim or in its declining to correct an alleged inconsistent jury verdict. A jury question was plainly presented on the indemnification claim and no inconsistency is presented by the jury verdict. See Houdaille Indus. v. Edwards, 374 So. 2d 490 (Fla.1979); Eller & Co. v. Morgan, 393 So. 2d 580 (Fla. 1st DCA), pet. for review, 399 So. 2d 1141 (Fla.1981); Tejon v. Broome, 261 So. 2d 197, 198 (Fla. 2d DCA), cert. dismissed, 265 So. 2d 50 (Fla. 1972); Crawford v. DiMicco, 216 So. 2d 769, 771-72 (Fla. 4th DCA 1968).

The final judgment under review is, therefore, in all respects,

Affirmed.


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Citator

Cited By

  • Kamari Lowery v. State (Fla. 3d DCA 2026)
  • Hyundai Motor Co. (Korea) v. Phillip, 639 So. 2d 1064 (Fla. 3d DCA 1994)
    …t Harrison Assocs., Inc. v. Byrd, 256 So. 2d 50 (Fla. 4th DCA 1971). Similarly, there is nothing for this court to review on the peremptory challenge issue because Hyundai withdrew its challenge to juror Wilson. See Santa Fe Dev. Corp. v. Randolph, 506 So. 2d 18 (Fla. 3d DCA 1987). For the foregoing reasons, we affirm the final judgment entered on the jury verdict in favor of the plaintiff.…
  • Sikes v. R.J. Reynolds Tobacco Co., 415 So. 3d 235 (Fla. 3d DCA 2025)

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