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Metropolitan Dade County v. McKenzie

District Court of Appeal of Florida, Third District
Jan 2, 1990
555 So. 2d 885 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-2331.

January 2, 1990.

Appeal from the Circuit Court, Dade County, Sam I. Silver, J.

Robert A. Ginsburg, County Atty., and Evan Grob and Eric K. Gressman, Asst. County Atty., for petitioner.

Philip M. Gerson, Miami, for respondent.

Before BARKDULL, FERGUSON and JORGENSON, JJ.


By this petition for writ of certiorari we quash a post-trial order permitting interview of jurors ostensibly because the jury discriminated against the plaintiffs because of their foreign citizenship. We hold that any such discrimination is inherent in the verdict. We are therefore controlled by the principles and holding announced in Maler v. Baptist Hospital of Miami, Inc., (Fla. 3d DCA 1989), Case No. 89-756, 3rd DCA opinion released December 26, 1989. Therefore the order under review was a departure from the essential requirements of the law; the alleged misconduct not being extrinsic to the verdict. The trial court's order directing post trial interview of the jurors, be and the same is hereby quashed.


Summaries of

Metropolitan Dade County v. McKenzie

District Court of Appeal of Florida, Third District
Jan 2, 1990
555 So. 2d 885 (Fla. Dist. Ct. App. 1990)
Case details for

Metropolitan Dade County v. McKenzie

Case Details

Full title:METROPOLITAN DADE COUNTY, PETITIONER, v. MICHAEL McKENZIE, AS PERSONAL…

Court:District Court of Appeal of Florida, Third District

Date published: Jan 2, 1990

Citations

555 So. 2d 885 (Fla. Dist. Ct. App. 1990)