District Court of Appeal of Florida

Order granting a new trial after a juror failed to reveal that she had been in a divorce action and was the subject of collection efforts is reversed where: 1) in the absence of any definition of "lawsuit" which would include such proceedings, there was no deliberate misstatement by the juror; and 2) there was no showing, as is also required, that counsel would have exercised a peremptory challenge against the juror had he been given the information in question.

Appellate Information

• Decided 11/01/2006
• Published 11/01/2006

Judges

• SCHWARTZ, Senior Judge., Before FLETCHER and SHEPHERD, JJ., and SCHWARTZ, Senior Judge.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Murray A. Greenberg, Miami-Dade County Attorney, and Craig E. Leen, Assistant County Attorney, for appellants.


• For Appellees:
  
• Hoffman & Hertzig and Carl H. Hoffman, Coral Gables, for appellees.