Sydleman v. Benson

Decision Date13 February 1985
Docket NumberNo. 84-377,84-377
CitationSydleman v. Benson, 463 So.2d 533, 10 Fla. L. Weekly 389 (Fla. App. 1985)
Parties10 Fla. L. Weekly 389 Mary Ann SYDLEMAN, Appellant, v. Daniel W. BENSON, M.D., and Florida Physicians Insurance Reciprocal, Appellees.
CourtFlorida District Court of Appeals

J. Blayne Jennings of Law Office of J. Blayne Jennings, Gifford, for appellant.

Everett J. VanGaasbeck of Moss, Henderson & Lloyd, Vero Beach, and Marjorie Gadarian Graham of Jones & Foster, P.A., West Palm Beach, for appellees.

PER CURIAM.

We affirm the final judgment and write only to express concern as to the trial court's action in rejecting appellant's challenge for cause of two jurors who had been patients of a physician-expert witness called by the appellee doctor.Upon review of the entire colloquy between the jurors, the judge and the lawyers, we conclude that the judge acted within his discretion in denying the challenge for cause.General Foods Corp. v. Brown, 419 So.2d 393(Fla. 1st DCA1982).However, the impartiality of the finders of fact is an absolute...

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28 cases
  • Somerville v. Ahuja
    • United States
    • Florida District Court of Appeals
    • June 3, 2005
    ...527 So.2d 922 (Fla. 4th DCA 1988); Club West, Inc. v. Tropigas of Florida, Inc., 514 So.2d 426 (Fla. 3d DCA 1987); Sydleman v. Benson, 463 So.2d 533 (Fla. 4th DCA 1985). 10. See Franqui v. State, 804 So.2d 1185 (Fla. 2001); Singer v. State, 109 So.2d 7 (Fla.1959); Nash v. General Motors Cor......
  • Noe v. State
    • United States
    • Florida District Court of Appeals
    • August 7, 1991
    ...than leaving doubt as to his or her impartiality." Phillips v. State, 572 So.2d 16 (Fla. 4th DCA 1990). See also Sydleman v. Benson, 463 So.2d 533 (Fla. 4th DCA 1985). The Singer principles were reaffirmed in Moore v. State, 525 So.2d 870 (Fla.1988); Hill v. State, 477 So.2d 553 (Fla.1985);......
  • Price v. State
    • United States
    • Florida District Court of Appeals
    • January 31, 1989
    ...see also Murphy v. Florida, 421 U.S. 794, 95 S.Ct. 2031, 44 L.Ed.2d 589 (1975); Fla.R.Civ.P. 1.431(c)(1); cf. Sydleman v. Benson, 463 So.2d 533 (Fla. 4th DCA 1985) ("Close cases involving challenge to impartiality of potential jurors should be resolved in favor of excusing the juror rather ......
  • Peters v. State, 4D03-837.
    • United States
    • Florida District Court of Appeals
    • May 26, 2004
    ...(Fla.1988) (same); see also Longshore v. Fronrath Chevrolet, Inc., 527 So.2d 922, 923 (Fla. 4th DCA 1988) (same); Sydleman v. Benson, 463 So.2d 533, 533 (Fla. 4th DCA 1985) (same). While the decision to accept or dismiss a putative juror is considered an exercise in discretion, we view the ......
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