ALEXANDER CUERVO, APPELLANT,
v.
CARLOS GARCIA, ESPERANZA DIAZ GARCIA, AND ALLSTATE INSURANCE COMPANY, APPELLEES

Fla. 3d DCA | 1971-04-13
No. 70-912
Before PEARSON, C. J., and CHARLES CARROLL and BARKDULL, •JJ-
246 So. 2d 579 Florida District Court of Appeal, Third District (1971) Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Plaintiff suffered an adverse jury verdict and final judgment thereon. He has duly prosecuted this appeal and contends the trial judge committed error in refusing to permit him to exercise a remaining peremptory challenge to the jury panel when *580he had merely tendered the jury for questioning and had not accepted same.

We concur with his position and reverse the final judgment and jury verdict, with directions to grant the appellant a new trial upon the authority of Grabow v. Lehrer, Fla.App.1969, 224 So.2d 767, wherein the factual situation is in accord with the facts in the case sub judice.

Reversed and remanded, with directions to grant the appellant a new trial.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Saborit v. Worthy Deliford, 312 So. 2d 795 (Fla. 3d DCA 1975)
    …w plaintiffs’ attorney to exercise the peremptory challenges was error. Mann v. State, 23 Fla. 610, 3 So. 2d 207; Grabow v. Lehrer, Fla.App.1969, 224 So. 2d 767; Barker v. Randolph, Fla.App. 1970, 239 So. 2d 110, 113; Cuervo v. Garcia, Fla.App.1971, 246 So. 2d 579; Brown v. McArthur Dairies, Inc., Fla.App.1973, 280 So. 2d 520. Thus in Barker v. Randolph, supra, the court said: “It is not infrequent that the answer to a question or questions propounded by opposing counsel develops a lead indicating a juror ma…
  • Wilson v. Odom, 249 So. 2d 691 (Fla. 1971)
    …Certiorari denied. 246 So. 2d 579. ROBERTS, C. J., and ERVIN, BOYD, McCAIN and DEKLE, JJ., concur.…
  • Mount Sinai Hosp. OF Greater Miami, Inc. v. Turner, 363 So. 2d 1129 (Fla. 3d DCA 1978)
    …peal was filed by the defendant, Mount Sinai Hospital of Greater Miami, Inc., is affirmed on the authority of Saborit v. Deliford, 312 So. 2d 795 (Fla.3d DCA 1975); Brown v. McArthur Dairies, Inc., 280 So. 2d 520 (Fla.3d DCA 1973); Cuervo v. Garcia, 246 So. 2d 579 (Fla.3d DCA 1971); Barker v. Randolph, 239 So. 2d 110 (Fla.1st DCA 1970); Grabow v. Lehrer, 224 So. 2d 767 (Fla.3d DCA 1969). The cross assignments of error filed by appellees are held to be without merit. Affirmed.…

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