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Washington v. Cooper

District Court of Appeal of Florida, Fifth District
Jul 21, 1982
416 So. 2d 1265 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-392.

July 21, 1982.

Appeal from the Circuit Court, Orange County, Frederick Pfeiffer, J.

Horace E. Hill, Daytona Beach, for appellant.

April Carrie Charney of the Greater Orlando Area Legal Services, Inc., Orlando, for appellee.


After trial resulting in a verdict in favor of appellant, the trial judge ordered a new trial because of the bailiff's response to an inquiry from the jury. We have examined the record and find that, while the bailiff's response was improper, as such, it was not disproportionally harmful to either party and there was no showing made that it was harmful in fact to either party. See Green v. State, 414 So.2d 1171 (Fla. 5th DCA 1982).

The remedy is to discipline the bailiff, not to punish the prevailing party by requiring a new trial, especially here where the appellee made no motion for a new trial, shows no prejudice and shows no interest in a retrial.

The jury's verdict should not have been set aside. The order granting a new trial is reversed and the cause is remanded for entry of judgment in accordance with the jury verdict.

REVERSED AND REMANDED.

ORFINGER, C.J., and FRANK D. UPCHURCH, Jr., and COWART, JJ., concur.


Summaries of

Washington v. Cooper

District Court of Appeal of Florida, Fifth District
Jul 21, 1982
416 So. 2d 1265 (Fla. Dist. Ct. App. 1982)
Case details for

Washington v. Cooper

Case Details

Full title:EVELYN WASHINGTON, ET AL., APPELLANT, v. ALBERTA COOPER, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Jul 21, 1982

Citations

416 So. 2d 1265 (Fla. Dist. Ct. App. 1982)