Cuervo v. Garcia

246 So. 2d 579, 1971 Fla. App. LEXIS 6802

• Court: District Court of Appeal of Florida
• Decided: April 13, 1971
• Docket: No. 70-912
• Status: Published

Opinion

PER CURIAM.

Plaintiff suffered an adverse jury verdict and final judgment thereon. He has duly prosecuted this appeal and contends the trial judge committed error in refusing to permit him to exercise a remaining peremptory challenge to the jury panel when he had merely tendered the jury for questioning and had not accepted same.

We concur with his position and reverse the final judgment and jury verdict, with directions to grant the appellant a new trial upon the authority of Grabow v. Lehrer, Fla.App.1969, 224 So.2d 767, wherein the factual situation is in accord with the facts in the case sub judice.

Reversed and remanded, with directions to grant the appellant a new trial.