INTERNATIONAL HOSPITALITY, INC. AND INTERNATIONAL HOSPITALITY AMERICA, CORP., APPELLANTS,

v.

JEAN-GUY FELTEAU, APPELLEE

Citator

Cited By

• Morgan v. State, 212 So. 3d 1104 (Fla. 1st DCA 2017)
  …zealously guard[ ] against any intrusions into the deliberations of the jury,” and wholly embrace the proposition that “the presence of any stranger, including an alternate juror, during deliberations constitutes fundamental error.” Bouey v. State, 762 So. 2d 537, 539 (Fla. 5th DCA 2000) (citations and footnote omitted). These rules “appl[y] equally to both civil and criminal cases.” Id at 540. However, we are prompted by the specific facts of this case to make the following points in rejecting Appellant’s a…
• Tello-Lugo v. State, 47 So. 3d 968 (Fla. 2d DCA 2010)
  …ase, and not when the alternate is “present only during the time the jury engages in organizational activity such as taking breaks, making phone calls, or electing the foreperson and the case is not discussed in his or her presence.” Bouey v. State, 762 So. 2d 537, 540-41 (Fla. 5th DCA 2000) (finding that a harmless error analysis is appropriate if the alternate juror is present only during limited organizational activity). Because the alternate juror admitted that she was present while the jurors were discu…
• Riordan Boblitt v. State, 175 So. 3d 891 (Fla. 1st DCA 2015)
  …sent for any part of jury deliberations, even if the alternate does not participate in- the discussion. See Ludaway v. [*893] State, 632 So. 2d 732, 733 (Fla. 1st DCA 1994); Tello-Lugo v. State, 47 So. 3d 968, 969 (Fla. 2d DCA 2010); Bouey v. State, 762 So. 2d 537, 539 (Fla. 5th DCA 2000); Lamadrid v. State, 437 So. 2d 208, 208 (Fla. 3d DCA 1983); Berry v. State, 298 So. 2d 491, 493 (Fla. 4th DCA 1974); see also Fla. R. Crim. P. 3.280(a) (providing that “an alternate juror who does not replace a principal jur…

Authorities Cited

• Coleman v. City OF Hialeah, 525 So. 2d 435 (Fla. 3d DCA 1988)
• Woods v. United Indus., 596 So. 2d 801 (Fla. 1st DCA 1992)