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Carames v. Golden

District Court of Appeal of Florida, Third District
Mar 6, 1984
445 So. 2d 1140 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-1259.

March 6, 1984.

Appeal from the Circuit Court, Dade County, Thomas Testa, J.

Friedman Lipcon and Gary Friedman, for appellants.

Richard M. Gale; Weinstein Bavly, Miami, for appellees.

Before BARKDULL, HUBBART and JORGENSON, JJ.


Although we agree that a trial court has broad discretion to control the manner in which peremptory challenges are to be exercised, see Eastern Air Lines, Inc. v. Gellert, 438 So.2d 923 (Fla. 3d DCA 1983), and the cases cited therein, the trial court's refusal to permit the plaintiff an opportunity to exercise his last remaining peremptory challenge prior to the jury's being sworn is reversible error, see O'Connor v. State, 9 Fla. 215 (1860); Saborit v. Deliford, 312 So.2d 795 (Fla. 3d DCA), cert. denied, 327 So.2d 32 (Fla. 1976). Accordingly, the final judgment under review is reversed and the action is remanded for a new trial.

Reversed and remanded.


Summaries of

Carames v. Golden

District Court of Appeal of Florida, Third District
Mar 6, 1984
445 So. 2d 1140 (Fla. Dist. Ct. App. 1984)
Case details for

Carames v. Golden

Case Details

Full title:MIRIAM CARAMES AND EDUARDO CARAMES, HER HUSBAND, APPELLANTS, v. EDWARD…

Court:District Court of Appeal of Florida, Third District

Date published: Mar 6, 1984

Citations

445 So. 2d 1140 (Fla. Dist. Ct. App. 1984)

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