J.T. AND A.T., BY AND THROUGH ) THEIR FATHER, JOHN TAYLOR, FOR ) THE DEATH OF THEIR MOTHER, ) LINDY TAYLOR, and ) J.T. AS PLAINTIFF AD LITEM, ) ) Plaintiffs-Appellants, ) ) vs. ) No. SD32562 ) MARTIN ANBARI, M.D., ) Filed: January 23, 2014 LITTON & GIDDINGS RADIOLOGICAL ) ASSOCIATES, P.C., and ) MICHAEL WORKMAN, M.D., ) ) Defendants-Respondents. )
APPEAL FROM THE CIRCUIT COURT OF GREENE COUNTY
Honorable Jason R. Brown, Associate Circuit Judge
AFFIRMED
This is an appeal from a defense verdict in a medical malpractice case. J.T.
and A.T., by and through their father John Taylor (collectively, "the Taylors"),
filed a petition seeking damages for the death of the boys' mother, Lindy Taylor
("Mother"), from Martin Anbari ("Dr. Anbari"), Michael Workman ("Dr.
Workman"), and Litton & Giddings Radiological Associates, P.C. (collectively,
"the defendants"). The case went to trial, and the jury returned a verdict for the defendants. The Taylors appeal, raising three points involving the selection of
the jury and alleged juror misconduct. We affirm the trial court's judgment.
Factual and Procedural Background
On September 18, 2009, the Taylors filed their petition against the
defendants alleging the defendants' negligence caused Mother's death. The
petition stated that in 2008, Mother was hospitalized for a deep vein thrombosis
in her left leg. While she was being treated for that condition, Dr. Anbari
allegedly failed to diagnose May-Thurner Syndrome. Mother was subsequently
released from the hospital, and the deep vein thrombosis returned. Mother was
hospitalized a second time. During her second hospitalization, the defendants
treated Mother with anticoagulants which caused a cerebral bleed. Mother died
on June 13, 2008.
The case was tried by a jury which found in favor of the defendants. The
Taylors filed a motion for new trial in which they alleged, among other things: (1)
Juror Randall Doennig ("Doennig") "engaged in serious juror misconduct by
violating [the c]ourt's explicit instruction prohibiting jurors from communicating
or posting anything about the trial on Facebook[;]" (2) the trial court erred in
denying the Taylors' Batson1 challenge to the defendants' peremptory strike of
Venireperson Sonja Howard ("Howard"); and (3) Juror Barbara Gurley
("Gurley") "failed to disclose during voir dire that both she and her late-husband
had arterial stents." The trial court heard argument and evidence on the motion
before denying it. This appeal followed.
1 Batson v. Kentucky, 476 U.S. 79 (1986)
2 Discussion
Point I: Batson Challenge
In their first point, the Taylors argue the trial court erred in denying their
Batson challenge to the defendants' peremptory strike of Howard. This
argument is without merit because the Taylors failed to prove the reasons for the
strike were pretextual.
The following additional facts are relevant to this claim. During the first
portion of voir dire, the trial court asked the panel members to state their
employment, their marital status, whether they had children, and how long they
had lived in Greene County. Howard responded she was divorced, she had lived
in Springfield for 13 years, she had four children, and she was pursuing a
paralegal degree. Later, while the Taylors' attorney was questioning the venire
panel, the Taylors' attorney asked if anyone believed a doctor had saved his or her
life or the life of a family member. Howard gave the following response:
In 2010 I was diagnosed with pneumonia. I was a patient in Cox Medical Hospital on the south side. I was very, very ill. During my stay there, I ended up with a blood clot in my right arm because they couldn't get an IV, you know, in the regular way, so they had to do this deal. I was a very, very sick woman. Wasn't getting any better. I was there probably about three to four weeks and didn't look too good for me. The doctors that were on my team really fought for my life. I mean, basically they did everything they could do. Turned the entire situation around. Here I am.
After the parties had made their peremptory strikes, the Taylors' attorney
announced he wanted to challenge the defendants' strike of Howard. He
identified Howard as the only African-American on the panel and stated he
objected to the strike on the basis of a Batson challenge. Dr. Anbari's attorney
responded:
3 First of all, there are no minorities involved in the case, so I think a Batson challenge is silly to begin with, but the reason that she was stricken has nothing to do with the color of her skin. It has to do with her being very similar to [Mother]. She is a single mother. She has had blood clots, and, in fact, she describes being in the hospital with blood clots and having a difficult time with it. That was the reason why the defendants used a peremptory cause [sic] on her. Nothing to do with regards to the color of her skin.
Dr. Workman's attorney agreed and added he was also concerned because
Howard was a paralegal. The Taylors' attorney replied the reasons were
pretextual, stating "[t]here were plenty of other jurors, Your Honor, that were
single mothers that they did not strike. There were others with legal experience
that they did not strike. And this lady even talked about a doctor that fought for
her life." The trial court found the defendants' explanation was
nondiscriminatory and denied the Batson challenge. That ruling was not clearly
erroneous.
The standard of review that applies to the claim the Taylors raise in this
point is deferential: "The trial court's determination regarding purposeful
discrimination is a finding of fact that will not be overturned on appeal unless
clearly erroneous." State v. Brooks, 960 S.W.2d 479, 488 (Mo. banc 1998).
Clear error is found where the appellate court is left with a definite and firm
impression that a mistake has been made. Id. Furthermore, in reviewing
Batson challenges, appellate courts "accord the circuit court 'great deference
because its findings of fact largely depend on its evaluation of credibility and
demeanor."' Goodman v. Angle, 342 S.W.3d 458, 461 (Mo. App. W.D. 2011)
(internal citation omitted).
4 Analysis of a Batson claim involves a three-part analysis. Id. That
analysis has been outlined as follows:
once the opponent of a peremptory challenge has made out a prima facie case of racial discrimination (step one), the burden of production shifts to the proponent of the strike to come forward with a race-neutral explanation (step two). If a race-neutral explanation is tendered, the trial court must then decide (step three) whether the opponent of the strike has proved purposeful racial discrimination.
Purkett v. Elem, 514 U.S. 765, 767 (1995).
To satisfy step one, "the party challenging the strike must object and make
a prima facie case of racial discrimination by identifying the protected class to
which the potential juror belongs." Goodman, 342 S.W.3d at 461. Here, the
Taylors objected to the defendants' strike of Howard and noted she was African-
American. That procedure satisfied the first step of the analysis.
In the second step of the Batson analysis, "the proponent of the strike
must present a specific and clear race-neutral reason for the strike." Id. at 462.
"Unless a discriminatory intent is inherent in the reason given, the circuit court
should deem the reason to be neutral." Id. Here, the defendants stated they
struck Howard because she was a single mother who had difficulties with a blood
clot and because she had training as a paralegal. These reasons are race-neutral,
so the second step of the analysis is satisfied. Thus, the dispute in this case turns
on analysis of the third step: proof of discriminatory intent.
In conducting the third stage of the analysis, it is important to keep in
mind that "the ultimate burden of persuasion regarding racial motivation rests
with, and never shifts from, the opponent of the strike." Purkett, 514 U.S. at
768. Satisfying this burden requires the opponent of the strike to show "that the
5 proffered reason for the strike was merely pretextual and that the strike was, in
fact, motivated by race." Goodman, 342 S.W.3d at 462. Furthermore, "the
party challenging the strike 'must present evidence or specific analysis' showing
that the proffered reason was pretextual." Id. (internal citation omitted). "The
party 'cannot simply rely on conclusory allegations that the real motivation for
the strike was racial in nature."' Id. (internal citation omitted). Some common
factors courts consider in determining whether a given reason for a strike is
pretextual include: "(1) 'the presence of "similarly situated white jurors who were
not struck[;]"' (2) 'the degree of logical relevance between the explanation and
the case to be tried in terms of the nature of the case and the types of evidence
adduced[;]' (3) 'the striking attorney's demeanor or statements during voir
dire[;]' and (4) the circuit court's past experience with the striking attorney." Id.
(internal citations omitted). Nevertheless, it has been said that the first factor—
the presence of similarly situated white jurors who were not struck—is crucial.
State v. Marlowe, 89 S.W.3d 464, 469 (Mo. banc 2002). The "chief
consideration" is the plausibility of proffered explanations "in view of the totality
of the facts and circumstances surrounding the case." Brooks, 960 S.W.2d at
488.
At trial, the Taylors did not identify any similarly situated white jurors.
While their attorney said there were single mothers who were not struck and
there were others with legal experience who were not struck, he did not identify a
venireperson who shared all three characteristics with Howard. Additionally, the
defendants' explanation was intimately related to the subject matter of the case.
The petition sought damages for the death of a single mother due to
6 complications while being treated for a blood clot. In view of the fact that there
were no similarly situated white jurors and that there was logical relevance in the
reason for the strike, the trial court did not clearly err in denying the Taylors'
Batson challenge. See Goodman, 342 S.W.3d at 463 (holding that a logically
relevant similarity between the plaintiff and the venireperson who was struck
supported the trial court's decision that the explanation was race-neutral).
The Taylors point to Venireperson Benita Horn ("Horn") as a similarly
situated venireperson who was not struck because Horn was also a single
mother.2 This argument overlooks the full justification for the strike. Howard
was struck for three reasons: (1) she was a single mother, (2) she had a blood
clot, and (3) she had legal training. Horn gave no responses when voir dire
questions were asked about legal training or blood clots. Given the centrality of
the blood clot to the allegations and issues in this case, the fact that Horn did not
have experience with a blood clot was significant. Horn was not similarly
situated to Howard. See Brooks, 960 S.W.2d at 488-89 (holding that a
potential juror who was not struck was not similarly situated to a potential juror
who was struck where the potential juror who was not struck shared only one of
three characteristics with the potential juror who was struck).
2 Defendants suggest we should not review this claim of pretext because the Taylors did not
identify Horn as a similarly situated juror at trial. See State v. Collins, 290 S.W.3d 736, 742 n.4 (Mo. App. E.D. 2009) ("we will decline to review an argument of pretext for the first time on appeal."). As the claim is without merit in any event, we need not determine whether the statements made by the Taylors' attorney at trial were sufficient to preserve their argument on appeal. See, e.g., Horner v. FedEx Ground Package System, Inc., 258 S.W.3d 532, 544 n.18 (Mo. App. W.D. 2008); McConnell v. Stallings, 955 S.W.2d 590, 593 (Mo. App. S.D. 1997).
7 The defendants articulated a race-neutral reason for their decision to
strike Howard, and the Taylors failed to prove that reason was pretextual. Their
first point on appeal is denied.
Point II: Juror Non-Disclosure
In their second point, the Taylors claim the trial court erred in denying
their request for a new trial based on their allegation that Gurley intentionally
failed to disclose the fact that she and her husband had been treated with arterial
stents. We disagree.
The question the Taylors claim Gurley should have responded to occurred
in the following context. During voir dire, the Taylors' attorney asked, "Are there
any of you that have -- or members of your family or somebody you know that
has had a deep vein thrombosis?" Several panel members responded, and the
attorney followed up by asking how the person had been treated for that
condition. When the attorney reached Howard, she referred to the experience
she had previously discussed involving a clot in her arm. The Taylors' attorney
then clarified "when I refer to a deep vein thrombosis, I'm just talking about a
clot, and I'm especially concerned with a clot in the left leg." The next area of
inquiry was based on the question, "[a]re there any of you that are familiar with a
condition called May-Thurner syndrome?" No one responded. The attorney then
followed with this question:
Are there any of you that have had either -- doesn't sound like you, but someone you know or a close family member where they treated a blood clot in the leg in your vein or they treated it by putting a -- actually doing a -- they call it interventional procedure where the radiologist actually goes inside the vein and puts a catheter in there, and then they infuse medications that are clot-busting medications that you'll hear referred to in this case thrombolytics to break up
8 the clot. Have any of you had any experience like that or someone you know or member of your family?
The first panel member to respond informed the attorney about a close
friend who had a clot in her brain. Counsel attempted to clarify, asking "They
were doing the heart. Not the vein in the leg?" The panel member responded,
"They went up through the leg, but not the vein in the leg. I may have been
mistaken exactly what you were asking." Another potential juror stated she had
worked for a radiologist some years ago and so had experience with the
procedure. The attorney asked her, "[a]nd back then were they using stents as
well?" The panel member responded in the affirmative. Then, the attorney
stated he had gotten ahead of himself and asked the following question of the
entire panel, "Anybody else had any experience where you or a member of your
family or close friend has been treated in your veins or your arteries with stents?
Anybody had that experience?" Several panel members responded and discussed
stents in various locations in the body. Gurley was not among the panel members
who responded. Gurley did, however, respond when Dr. Anbari's attorney asked
whether any of the panel members had close family members who had blood
clotting problems. She discussed her husband's heart condition at that time as
well. She said her husband's condition would not affect her decision in the case.
Gurley was ultimately chosen to sit on the jury.
In their post-trial motion, the Taylors' alleged Gurley had intentionally
failed to disclose the fact that both she and her husband had been treated with
stents in their hearts. Gurley testified at the hearing on the motion for new trial.
She stated she did not remember the question about stents. She further stated
9 she has two stents in her heart that had been put in place in 1995. Her husband
who was deceased by the time of trial also had two arterial stents. She thought
the voir dire question referred to blood clots. Gurley stated her stent was put in
place to treat a heart attack while this case involved a large blood clot so she "just
didn't really associate the two that closely." She also said she was not trying to
hide the information.
The trial court denied the motion for new trial. With respect to the claim
involving Gurley, the trial court found the question was not clear given the
"shifting context" and, in any event, the nondisclosure was unintentional as the
stents were remote in time. This conclusion was not an abuse of discretion.
"At the cornerstone of our judicial system lies the constitutional right to a
fair and impartial jury, composed of twelve qualified jurors." Williams By and
Through Wilford v. Barnes Hosp., 736 S.W.2d 33, 36 (Mo. banc 1987). "To
this end 'it is the duty of a juror on voir dire examination to fully, fairly and
truthfully answer all questions directed to him (and to the panel generally) so
that his qualifications may be determined and challenges may be intelligently
exercised.'" Id. (quoting Rickenbaugh v. Chicago, Rock Island & Pacific
R.R. Co., 446 S.W.2d 623, 626 (Mo. 1969)).
Evaluation of a nondisclosure claim involves two steps. First, the
reviewing court must determine whether the question was clear. Payne v.
Cornhusker Motor Lines, Inc., 177 S.W.3d 820, 841 (Mo. App. E.D. 2005).
"Whether a question was sufficiently clear is a threshold issue that this Court
reviews de novo." Johnson v. McCullough, 306 S.W.3d 551, 555 (Mo. banc
2010). "If the question is not clear, there has been no nondisclosure." Payne,
10 177 S.W.3d at 841. If the question was clear, the court next considers whether the
nondisclosure was intentional. Saint Louis University v. Geary, 321 S.W.3d
282, 295 (Mo. banc 2009). If the nondisclosure was intentional, prejudice is
presumed; if the nondisclosure was unintentional, the party seeking a new trial
must prove prejudice. Johnson, 306 S.W.3d at 557. The determination of
whether the nondisclosure was intentional is reviewed for abuse of discretion.
Id. "Only when [the] appellate court is convinced from the totality of the
circumstances that the right to [a] fair trial and the integrity of the jury process
has been impaired should the trial court be found to have abused [its] discretion."
Geary, 321 S.W.3d at 297 (quoting Anglim v. Mo. Pac. R.R. Co., 832 S.W.2d
298, 306 (Mo. banc 1992)).
The trial court's finding that any nondisclosure that did occur was
unintentional was not an abuse of discretion. "Intentional nondisclosure occurs
if: 1) there exists no reasonable inability to comprehend the information solicited
by the question asked of the prospective juror, and 2) the prospective juror
actually remembers the experience or that it was of such significance that his
purported forgetfulness is unreasonable." Smith v. Brown & Williamson
Tobacco Corp., 410 S.W.3d 623, 644 (Mo. banc 2013)). "Unintentional
nondisclosure exists where, for example, the experience forgotten was
insignificant or remote in time, or where the vernireman reasonably
misunderstands the question posed[.]" Williams, 736 S.W.3d at 36.
Here, Gurley misunderstood the question. The question was asked during
a general discussion of panel members' experience with certain conditions.
During the first portion of this discussion, the Taylors' attorney clarified that the
11 questions were meant to elicit only information regarding blood clots in the leg.
Under these circumstances, it would be reasonable for a potential juror to
understand the question regarding stents as intended to elicit only information
regarding stents in the leg. In fact, that is what Gurley believed as she testified at
the hearing on the motion for new trial that she thought they were discussing
blood clots when the question was asked. Moreover, Gurley testified her stents
were placed in 1995 and her husband's stents had been in place for approximately
ten years. Thus, her experience with stents was remote in time.
Furthermore, it does not appear from this record that the Taylors' right to
a fair trial was impaired. During voir dire, Gurley stated her experience involving
her husband's clotting condition and heart problems would not affect her
decision in the case. She stated during the hearing on the motion for new trial
that she did not think the stents were related to the case because they were not
used to treat blood clots.
The trial court did not abuse its discretion in determining the
nondisclosure was unintentional and did not prejudice the Taylors. The Taylors'
second point is denied.
Point III: Juror Misconduct
In their third point on appeal, the Taylors assert the trial court erred in
denying their request for a new trial based on their claim that Doennig
committed juror misconduct when he made several posts on Facebook during the
course of the trial. Again, we disagree and affirm the trial court.
In the Taylors' motion for new trial, one of the grounds alleged in support
of their claim for relief was that Doennig had committed juror misconduct by
12 posting on Facebook during the trial. At the hearing on the motion for new trial,
Doennig testified he served as the jury foreperson in this case. He remembered
the judge had instructed the jury not to post anything on Facebook about the
case. The pertinent portion of the actual instruction used at trial stated: "You are
not permitted to communicate, use a cell phone, record, photograph, video, e-
mail, blog, tweet, text, or post anything about this trial or your thoughts or
opinions about any issue in this case to any other person or to the Internet,
"facebook", "myspace", "twitter", or any other personal or public web site during
the course of this trial or at any time before the formal acceptance of your verdict
by me at the end of the case."3 (Emphasis added). Doennig said he understood
the instruction. He denied that he looked at his Facebook page during the
proceedings, but he admitted posting items in the evening after court had
recessed. He did not post any details regarding the trial and asserted his posts
were more like a way of letting people know why they could not get in touch with
him.
The Taylors also introduced into evidence a print out of the posts Doennig
had made during trial. On October 1, before Instruction No. 1 was given, Doennig
posted "Reporting for jury duty — at Greene County Judicial Facility." Several
people posted responses including one that asked what kind of case it involved.
Doennig responded he was "Sworn to secrecy as the details of this case. Most
importantly there is no beverage service and the 3pm cocktail hour is not
observed!" During the remainder of the trial, Doennig occasionally posted
3 This language was part of Instruction No. 1 which was read to the jury after the jury was selected and sworn in.
13 information regarding where he ate lunch and dinner. Some people posted
comments about jury duty in general such as "Thank goodness you haven't been
sequestered (yet)[.]" As the trial continued, Doennig posted "[b]egins day 6 of
jury duty[,]" "[b]ack in the box for day 7[,]" and "[s]tarting day 8 of jury duty[.]"
No responses were made to these posts. Ultimately on October 11, after the
conclusion of the trial and the jury had been discharged, Doennig posted, "[c]ivic
duty fulfilled and justice served. Now, where's my cocktail????"
The trial court denied the motion for new trial. With respect to the claim
involving Doennig, the trial court found Doennig did not reveal any details about
the case and "any appearance of impropriety was not more prejudicial to any
party over the other." This conclusion was not an abuse of discretion.
Review of a trial court's denial of a motion for new trial alleging juror
misconduct is for abuse of discretion. Travis v. Stone, 66 S.W.3d 1, 3 (Mo.
banc 2002); State v. Immekus, 28 S.W.3d 421, 432 (Mo. App. S.D. 2000). "A
trial court will be found to have abused its discretion when a ruling is clearly
against the logic of the circumstances then before the court and is so arbitrary
and unreasonable as to shock the sense of justice and indicate a lack of careful
consideration." State v. Moore, 366 S.W.3d 647, 652 (Mo. App. E.D. 2012). "If
reasonable persons can differ about the propriety of the action taken by the trial
court, then it cannot be said that the trial court abused its discretion." Id.
Although the Taylors present this issue as one of juror nondisclosure by
stating Doennig intentionally failed to disclose his inability and unwillingness to
follow the trial court's instructions, a more apt analogy involves cases of juror
misconduct by participating in ex parte communications during trial because the
14 use of social media involves communication. "The purpose of the rule against
communications between jurors and third parties is to prevent the jury from
receiving information about the case that is not part of the evidence in the
record." Id. In such cases, the rules applicable to a claim of juror misconduct
have been summarized as follows:
Parties and jurors should avoid all appearance of evil, and if any contact motivated by improper design appears, the jury should ordinarily be discharged or a new trial granted, regardless of the existence of actual prejudice. Accidental and casual contacts with jurors are of rather common occurrence and often unavoidable. If the contact has been wholly innocent, a mistrial should not ordinarily be granted unless it can reasonably be found that there was some improper influence on the jury. . . . Where a juror, by some inquiry or voluntary statement has raised a question as to his impartiality, the question becomes essentially one of fact, and primarily this decision rests with the trial court.
Miles v. Dennis, 853 S.W.2d 406, 408 (Mo. App. W.D. 1993) (quoting Sunset
Acres Motel, Inc. v. Jacobs, 336 S.W.2d 473, 479 (Mo. 1960)). Under this
rule, communications that involve extrinsic evidentiary facts or "facts bearing on
trial issues but not properly introduced at trial" require a new trial. McBride v.
Farley, 154 S.W.3d 404, 407 (Mo. App. S.D. 2004) (quoting Neighbors v.
Wolfson, 926 S.W.2d 35, 37 (Mo. App. E.D. 1996)). For example, in McBride,
this Court found a trial court had abused its discretion in denying a motion for
new trial when it was discovered the jury coordinator had told members of the
jury the case had been tried before and the prior trial resulted in a hung jury. Id.
at 405-06. In contrast, a new trial is not required where the contacts involve
unrelated matters, Chilton v. Gorden, 952 S.W.2d 773, 780 (Mo. App. S.D.
1997), or brief pleasantries, Moore, 366 S.W.3d at 652. Furthermore, the
question is essentially a factual one, and the trial court is in the best position to
15 determine the credibility of the witnesses and any prejudicial effect of the alleged
misconduct because it hears the evidence regarding the alleged misconduct.
Mathis, 952 S.W.2d at 365.
In this case, the remarks did not violate the court's instructions not to post
on Facebook about this case. When questioned about the case during trial,
Doennig announced he was sworn to secrecy about the details of the case. Until
after the verdict was reached and accepted, Doennig limited his comments to the
basic fact that he was serving on a jury. He did not discuss the details of the case
and did not even say whether the case was a civil case or a criminal case. Finally,
none of the responses provided him with extrinsic evidentiary facts pertinent to
the case being tried. The trial court did not abuse its discretion when it denied
the Taylors' motion for new trial based on the Facebook posts made by Doennig.
In support of their argument to the contrary, the Taylors rely primarily on
Khoury v. ConAgra Foods, Inc., 368 S.W.3d 189 (Mo. App. W.D. 2012), and
Dimas-Martinez v. State, 385 S.W.3d 238 (Ark. 2011). However, those cases
are distinguishable.
Khoury is inapposite because it was presented to the appellate court in a
different procedural posture. Khoury involved a personal injury claim against a
company who produced microwave popcorn. 368 S.W.3d at 193. After the jury
was empanelled, but before the presentation of evidence began, the attorney for
the defendant informed the trial court he had found that one of the jurors "had a
Facebook page and was 'a prolific poster for anti-corporation, organic foods.'"
Id. The attorney moved to strike the juror, and the trial court sustained the
motion. Id. The Western District found that excusing the juror was not an abuse
16 of discretion. Id. at 201-02. Here, in contrast, the trial court denied the motion.
Thus, the credibility determination to which this Court must defer is different.
Dimas-Martinez is factually distinct. In that case, the parties
discovered the juror's posts to Twitter about the case during the course of trial.
385 S.W.3d at 242. The judge discussed the issue with the juror, but then the
juror continued to tweet during the remainder of the trial. Id. at 247. That is,
after being informed the conduct was impermissible, the juror continued. Id.
Here, in contrast, Doennig was not given the opportunity to correct his behavior
during trial, so his comments do not show the same defiance of the trial court's
instructions.
We now live in an age of ubiquitous electronic communications. To say
the comments in this case, which simply informed people Doennig was serving
jury duty, were improper simply because they were posted on Facebook would be
to ignore the reality of society's current relationship with communication
technology. This can be seen by looking at the content of these messages. If they
were communicated to a person face-to-face, they would not be improper. The
comments in this case were more similar to those that would be involved when a
person informed his or her supervisor or co-workers they would not be at work
because they had jury duty.
The trial court did not abuse its discretion. The Taylors' third point is
denied.
17 Conclusion
The trial court's judgment is affirmed.
MARY W. SHEFFIELD, J. - OPINION AUTHOR
JEFFREY W. BATES, P.J., - CONCURS
GARY W. LYNCH, J. - CONCURS