LAHAV FLOORING AND FIXTURES, INC., APPELLANT,

v.

DENNIS FLECHER, APPELLEE

Citator

Cited By

• Arango v. Alvarez, 585 So. 2d 1131 (Fla. 3d DCA 1991)
  …ave cited several cases which stand for the general proposition that the entry of a default judgment or the dismissal of a complaint is too severe a sanction for failure to appear at a calendar call, see Lahav Flooring and Fixtures, Inc. v. Flecher, 571 So. 2d 551 (Fla. 3d DCA 1990); J.B. Muros Corp. v. International Mall, Inc., 534 So. 2d 818 (Fla. 3d DCA 1988); Bullock v. Metropolitan Dade County, 438 So. 2d 151 (Fla. 3d DCA 1983), we find these cases to be inapplicable. The rationale in these decisions app…

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• Denis Salgado v. State, 829 So. 2d 342 (Fla. 3d DCA 2002)
  …to and give benefit of doubt to woman); Coney v. State, 643 So. 2d 654, 655 (Fla. 3d DCA 1994)(error not to excuse juror who demonstrated that she had a preconceived belief that a victim in particular case would only tell the truth); Mann v. State, 571 So. 2d 551, 552 (Fla. 3d DCA 1990)(state properly confessed error where trial court failed to excuse juror for cause who indicated that she would give greater weight to what the police say). “A juror is not impartial when one side must overcome a preconceived…
• Polite v. State, 754 So. 2d 859 (Fla. 3d DCA 2000)
  …elief that a victim in particular case would only tell the truth); Duncan v. State, 588 So. 2d 50 (Fla. 3d DCA 1991) (state properly confessed error where two jurors admitted their bias in favor of the credibility of police officers); Mann v. State, 571 So. 2d 551 (Fla. 3d DCA 1990) (state properly confessed error where trial court failed to excuse juror for cause who indicated that she would give greater weight to what the police say). This is based upon the well-established principle that “[a] juror is not…

Authorities Cited

• Beasley v. Girten, 61 So.2d 179 (Fla. 1952)