Club West, Inc. v. Tropigas of Florida, Inc., 86-3085
| Decision Date | 03 November 1987 |
| Docket Number | No. 86-3085,86-3085 |
| Citation | 514 So.2d 426,12 Fla. L. Weekly 2522 |
| Parties | 12 Fla. L. Weekly 2522 CLUB WEST, INC., etc., et al., Appellants, v. TROPIGAS OF FLORIDA, INC., a Florida corporation, and Raytheon Company, a foreign corporation, Appellees. |
| Court | Florida District Court of Appeals |
Ress, Gomez, Rosenberg, Howland & Mintz and Mark J. Mintz, North Miami, for appellants.
Kimbrell & Hamann and Michael K. McLemore, Corlett, Killian, Hardeman, McIntosh & Levi and Donna G. Levi, Miami, for appellees.
Before SCHWARTZ, C.J., and NESBITT and DANIEL S. PEARSON, JJ.
Club West, Inc. (Club West) appeals from a final judgment entered in favor of Tropigas of Florida, Inc. (Tropigas) and Raytheon Company (Raytheon).
Club West and its insurer sued Tropigas and Raytheon asserting that they caused a fire which destroyed Club West's property. During voir dire, prospective juror Ms. Stratos volunteered the information that her husband owned stock in Raytheon. She further indicated that both she and her husband were "very happy with the company" having made a large profit from the stock. She conceded that she might be inclined to let her knowledge of her husband's investment experiences with Raytheon figure into her decision in the case. Later, on further questioning by the defendant's attorney, she assured the court that she would weigh the evidence and impartially decide the case based on the evidence. Club West moved to excuse Ms. Stratos for cause. The trial court rejected the motion. Having exhausted all of its a peremptory challenges, Club West was unable to excuse Stratos. At the end of the trial, the jury returned a defense verdict and Club West appeals.
Club West contends that the trial court should have excused Ms. Stratos for cause because of the uncertainty surrounding her impartiality. We agree. We note at the outset that the question of whether a prospective juror is competent to serve as a juror is a mixed question of law and fact and will not be disturbed on appeal unless the trial court's decision is manifestly erroneous. Singer v. State, 109 So.2d 7, 22 (Fla.1959); Leon v. State, 396 So.2d 203, 205 (Fla. 3d DCA), review denied, 407 So.2d 1106 (Fla.1981). The court in Singer pointed out, however, that this standard is tempered by the rule
that if there is basis for any reasonable doubt as to any juror's possessing that state of mind which will enable him to render an impartial verdict based solely on the evidence submitted and the law announced at the trial he should be excused on motion of a party, or by the court on its own motion.
109 So.2d at 23-24; accord Hill v. State, 477 So.2d 553, 556 (Fla.1985); Jefferson v. State, 489 So.2d 211, 212 (Fla. 3d DCA), review denied, 494 So.2d 1153 (Fla.1986); Leon, 396 So.2d at 205; see Fla.R.Civ.P. 1.431(c)(1); cf. Sydleman v. Benson, 463 So.2d 533, 533 (Fla. 4th DCA 1985) (). Where a juror initially demonstrates a predilection in a case which in the juror's mind would prevent him or her from impartially reaching a verdict, a subsequent change in that opinion, arrived at after further questioning by the parties' attorneys or the judge, is properly viewed with some scepticism. See, e.g., Johnson v. Reynolds, 97 Fla. 591, 599, 121 So. 793, 796 (1929); Singer, 109 So.2d at 24. The test to be applied by the court is whether the prospective juror is capable of removing the opinion, bias or prejudice from his or her mind and deciding the case based solely on the evidence adduced at trial. Singer, 109 So.2d at 24; State v. Williams, 465 So.2d 1229, 1231 (Fla.1985). A juror's assurance that he or she is able to do so is not determinative. Singer, 109 So.2d at 24; Smith v. State, 463 So.2d 542, 544 (Fla. 5th DCA 1985); Leon, 396 So.2d at 205.
Based upon the rules set out above, we hold that the trial court abused its discretion in denying Club West's motion to excuse Ms. Stratos for cause. Ms. Stratos initially acknowledged that she was uncertain whether she could be impartial because of her previous favorable and profitable experiences with Raytheon. In fact, after she disclosed her feelings about the defendant, and counsel for Club West asked her whether he would "be starting with one...
To continue reading
Request your trial
-
Somerville v. Ahuja, 5D04-1688.
...3. See Singer v. State, 109 So.2d 7 (Fla.1959); Williams v. State, 638 So.2d 976 (Fla. 4th DCA 1994); Club West, Inc. v. Tropigas of Florida, Inc., 514 So.2d 426 (Fla. 3d DCA 1987); Sikes v. Seaboard Coast Line R. Co., 487 So.2d 1118 (Fla. 1st DCA 1986); Leon v. State, 396 So.2d 203 (Fla. 3......
-
Gore v. State, 80916
...to give a fair trial were equivocal. We conclude that there must be a new trial. Id. at 9. Finally, in Club West, Inc. v. Tropigas of Fla., Inc., 514 So.2d 426 (Fla. 3d DCA 1987), the Second District held that the trial judge's refusal to excuse a particular juror for cause was reversible e......
-
Jones v. State, 93-1048
...further questioning by the parties' attorneys or the judge is properly viewed with some skepticism." Club West Inc. v. Tropigas of Fla., Inc., 514 So.2d 426, 427 (Fla. 3d DCA 1987), review denied, 523 So.2d 579 (Fla.1988); Singer v. State, 109 So.2d 7, 24 (Fla.1959); Tizon v. Royal Caribbea......
-
Price v. State
...evidence adduced at trial, is not determinative of whether that juror should have been excused for cause. Club West, Inc. v. Tropigas of Florida, 514 So.2d 426 (Fla. 3d DCA 1987), review denied, 523 So.2d 579 We have no doubt but that a juror who is being asked leading questions is more lik......
-
Back to the future: how Rodriguez v. Lagomasino got it right in 2008 and why modern voir dire should be guided by 1929's Johnson v. Reynolds.
...OF THE ENGLISH LANGUAGE (4th ed. 2000), available at www.bartlebycom/61/91/RO129100. html. (42) Club West, Inc. v. Tropigas of Fla., 514 So. 2d 426 (Fla. 3d D.C.A. 1987), rev. denied, 523 So. 2d 579 (Fla. 1988). See also Singer, 109 So. 2d at 24; cf. Graham v. State, 470 So. 2d 97 (Fla. 1st......