RICHARD DECKER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (34 total)

• DE LA Rosa v. Zequeira, 659 So. 2d 239 (Fla. 1995)
  …d DCA 1993), based on conflict with Mitchell v. State, 458 [*240] So. 2d 819 (Fla. 1st DCA 1984), Mobil Chemical Company v. Hawkins, 440 So. 2d 378 (Fla. 1st DCA 1983), review denied, 449 So. 2d 264 (Fla.1984), and Skiles v. Ryder Truck Lines, Inc., 267 So. 2d 379 (Fla. 2d DCA 1972), cert. denied, 275 So. 2d 253 (Fla.1973). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We quash the Third District’s decision with instructions to reinstate the trial court’s order granting a new trial because a juror fail…

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• Jennings v. State, 512 So. 2d 169 (Fla. 1987)
  …ave been of materiality as to whether the juror would be excused on peremptory challenge or for cause, which having occurred is not revealed or discovered until after trial, can justify the granting of a new trial. Skiles v. Ryder Truck Lines, Inc., 267 So. 2d 379 (Fla. 2d DCA 1972). Therefore, when such occurs and is disclosed during a trial, a mistrial would be indicated unless, as in this instance, there is available an acceptable alternate juror to replace the offending juror when removed. United States v…
• Bernal v. Donald H. Lipp, D.P.M. & Donald H. Lipp, D.P.M., P.A., 580 So. 2d 315 (Fla. 3d DCA 1991)
  …s to whether a juror should be challenged....” Minnis v. Jackson, 330 So. 2d 847, 848 (Fla. 3d DCA 1976). Since the information was squarely asked for and was not provided, this branch of the test is satisfied. See Skiles v. Ryder Truck Lines, Inc., 267 So. 2d 379, 382 (Fla. 2d DCA 1972), cert. denied, 275 So. 2d 253 (Fla.1973). Although the juror did not intend to mislead plaintiffs’ counsel, the omission nonetheless prevented counsel from making an informed judgment— [*317] which would in all likelihood hav…