SIBEL EDMONDS, INDIVIDUALLY AND ON BEHALF OF E. E., A MINOR, AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF LEWIS EDMONDS
v.
AVOW HOSPICE, INC.
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A party waives objections to jury selection by accepting the jury and failing to renew the objection prior to the jury being sworn.
[1] A party waives jury selection objections, including challenges for cause, by accepting the jury and failing to renew the objection prior to the jury being sworn.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“By not renewing the objection prior to the jury being sworn, it is presumed that the objecting party abandoned any prior objection he or she may have had and was satisfied with the selected jury.”
Zack v. State, 911 So. 2d 1190, 1204 (Fla. 2005), cited by the court to establish the waiver standard.
Sibel Edmonds, individually, on behalf of a minor, and as personal representative of Lewis Edmonds' estate, appealed a judgment from the Circuit Court…
The full statement of facts, procedural history, and disposition for this case are member content.
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 6D2025-0371 Lower Tribunal No. 2023-CA-000447
SIBEL EDMONDS, individually and on behalf of E.E., a minor, and as Personal Representative of the ESTATE OF LEWIS EDMONDS, Appellant,
V.
AVOW HOSPICE, INC., Appellee.
Appeal from the Circuit Court for Collier County. Lauren L. Brodie, Judge.
March 13, 2026
PER CURIAM.
AFFIRMED. See Joiner v. State, 618 So. 2d 174, 176 (Fla. 1993) (holding that the defendant had waived his Neil¹ objection when he accepted the jury immediately prior to it being sworn without reserving his earlier objection); Carratelli v. State, 961 So. 2d 312, 318-19 (Fla. 2007) (“Although Joiner involved a Neil objection, district courts have applied it to jury selection issues in general,
1 State v. Neil, 457 So. 2d 481, 486 (Fla. 1984).
including denial of cause challenges.”); Zack v. State, 911 So. 2d 1190, 1204 (Fla. 2005) ("By not renewing the objection prior to the jury being sworn, it is presumed that the objecting party abandoned any prior objection he or she may have had and was satisfied with the selected jury."); see also Disla v. Blanco, 129 So. 3d 398, 402 (Fla. 4th DCA 2013) (“The trial court did not abuse its discretion in denying the challenge for cause.”).
TRAVER, C.J., and STARGEL and MIZE, JJ., concur.
Landis V. Curry, III, of Brannock Berman & Seider, Tampa, for Appellants. Scott A. Cole and Francesca M. Stein, of Cole, Scott & Kissane, P.A., Miami, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF FILED
2