GERALD SMITH, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• DEL Monte Banana Co. & Fed. Transp., Inc. v. Chacon, 466 So. 2d 1167 (Fla. 3d DCA 1985)
  …ing of “don’t know” on the blackboard, the trial court did not err in concluding that the communication did not form a basis for a new trial. See generally 38 Fla.Jur.2d New Trial § 24 (1982); 66 C.J.S. New Trial § 49 (1950). Cf. Rudolph v. Gleason, 339 So. 2d 298 (Fla. 3d DCA 1976) (plaintiffs motion for new trial properly denied where defendant’s conversation with juror merely concerned juror’s reluctance to state her age on voir dire examination), cert, denied, 348 So. 2d 952 (Fla.1977). The Dagger Demons…
• Emory Dozier & Crete Carrier Corp. v. Hodges, 849 So. 2d 1094 (Fla. 3d DCA 2003)
  …’ motion for a mistrial on the basis of unrecorded communications between plaintiffs counsel and a juror’s husband where the presumption of prejudice was rebutted by the testimony of plaintiffs counsel and the insurance adjuster. Rudolph v. Gleason, 339 So. 2d 298 (Fla. 3d DCA 1976), cert. denied, 348 So. 2d 952 (Fla.1977). Next, the trial court properly prohibited the introduction of evidence that the plaintiff received a traffic citation and paid it by mail. § 318.14(4), Fla. Stat. (1997); Galgano v. Buch…
• Ellis Singletary v. Mary Kendra Lewis, M.D., 619 So. 2d 351 (Fla. 1st DCA 1993)
  …e effect upon other jurors can be ignored as unnecessary and irrelevant. The trial court’s decision on whether to grant a new trial is subject to review for abuse of discretion. State v. Hamilton, 574 So. 2d 124, 126 (Fla.1991); Rudolph v. Gleason, 339 So. 2d 298 (Fla. 3d DCA 1976), cert. denied, 348 So. 2d 952 (Fla.1977); Evans v. Roth, 168 So. 2d 546 (Fla. 3d DCA 1964), cert. denied, 174 So. 2d [*355] 32 (Fla.1965). The “sewing up” comment was certainly crude — most would find it offensive — but it was not…

Authorities Cited

• Robinson v. State, 325 So. 2d 427 (Fla. 1st DCA 1976)