REBECCA FULFORD CARNEAL, PETITIONER,
v.
ROBERT S. JACOBSON, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF WILLIAM L. CARNEAL, RESPONDENT
REBECCA FULFORD CARNEAL, PETITIONER,
ROBERT S. JACOBSON, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF WILLIAM L. CARNEAL, RESPONDENT
561 So. 2d 309
Florida District Court of Appeal, Second District (1990)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
Petitioner filed a petition for writ of mandamus which we treat as a petition for writ of certiorari. After reviewing the petition, the response, the reply, and the appendices, we have determined that no departure from the essential requirements of law has been demonstrated, and accordingly, the petition is denied.
RYDER, A.C.J., and DANAHY and FRANK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Bush v. State, 809 So. 2d 107 (Fla. 4th DCA 2002)…79 So. 2d 97, 100 (Fla.1991); Duchainey v. State, 736 So. 2d 38, 39 (Fla. 4th DCA 1999). A new [*116] trial could be warranted if the jurors considered unauthorized materials affecting their verdict. Duchainey, 736 So. 2d at 39; Sayih v. Perlmutter, 561 So. 2d 309, 312 (Fla. 3d DCA 1990) (“It is generally reversible error to deliver to the jury room any materials which have not been admitted into evidence where the materials are of such character as to influence the jury.”); see also State v. Hamilton, 574 So…1 / 2
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MCI Express, Inc. v. Ford Motor Co. & Ford Motor Credit Co., 832 So. 2d 795 (Fla. 3d DCA 2002)…ing the presumably excised conversation. “It is generally reversible error to deliver to the jury room any materials which have not been admitted into evidence where the materials are of such character as to influence the jury.” Sayih v. Perlmutter, 561 So. 2d 309, 312 (Fla. 3d DCA 1990); see also Keen v. State, 639 So. 2d 597, 599 (Fla.1994) (defendants are entitled to a new trial unless there is no reasonable possibility that the unauthorized materials in the jury room affected the verdict). Evidence that…
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Carmine Brancaccio and Helen Brancaccio v. Jackal Corp., 641 So. 2d 114 (Fla. 3d DCA 1994)…was the critical disputed issue at trial. The jurors’ request to view the chart before rendering their verdict establishes that the error was harmful. Consequently, a new trial is required. Bottoson, 443 So. 2d at 966; see also Sayih v. Perlmutter, 561 So. 2d 309, 312 (Fla. 3d DCA) (“It is generally reversible error to deliver to the jury room any materials which have not been admitted into evidence where the materials are of such character as to influence the jury.”), rev. denied, 576 So. 2d 290 (Fla.1990);…
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