ANDREA GRULLON, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF LUIS GEOVANNI RODRIGUEZ AND MARIA REYES, APPELLANT,
v.
NORTH MIAMI MEDICAL CENTER, ET AL., APPELLEES

Fla. 3d DCA | 2001-01-31
No. 3D99-2493
Before JORGENSON, GODERICH, and SHEVIN, JJ.
780 So. 2d 196 Florida District Court of Appeal, Third District (2001) Positive Treatment
Cited by 3 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

The plaintiffy'personal representative in a negligence and wrongful death action appeals from a judgment entered on a jury verdict for the defendants. We affirm.

The trial court acted within its discretion in denying the for-cause challenge of venire member Maduro. See Martinez v. Hertz Corp., 696 So. 2d 1212, 1214 (Fla. 3d DCA 1997)(holding that complete exchange between trial court, juror, and counsel revealed that trial court did not. abuse its discretion in denying the challenge for cause).

Although we expressly disapprove the remarks made by defense counsel concerning plaintiffs attorney, no objection was lodged below. However offensive they may have been they do not rise to the level of fundamental error. See Florida Super markets Inc. v. White, 667 So. 2d 848 (Fla. 3d DCA 1996).

AFFIRMED.


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Citator

Cited By

  • Whitby v. State, 933 So. 2d 557 (Fla. 3d DCA 2006)
    …ement officer and that she would evaluate the case on the evidence presented. We, therefore, conclude that the trial court acted within its discretion by denying the defendant’s cause challenge of Ms. Hayes. [*559] See Grullon v. N. Miami Med. Ctr., 780 So. 2d 196 (Fla. 3d DCA 2001). While we conclude that the trial court did not abuse its discretion in denying the defendant’s cause challenge of Ms. Hayes, we reverse based upon the trial court’s failure to conduct a Neil inquiry regarding the State’s perempt…
  • Hedvall v. State, 283 So. 3d 901 (Fla. 3d DCA 2019)
    …officer and that she would evaluate the case on the evidence presented. We, therefore, conclude that the trial court acted within its discretion by denying the defendant’s cause of Ms. Hayes. (Emphasis added) (citing Grullon v. N. Miami Med. Ctr., 780 So. 2d 196 (Fla. 3d DCA 2001)). Here, further questioning by the trial court demonstrated that Juror F agreed that police officers do not always tell the truth and absent special training, their testimony is entitled to no greater weight than another witness.…

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