Marks v. State Road Department

69 So. 2d 771, 1954 Fla. LEXIS 1214
CourtSupreme Court of Florida
DecidedJanuary 5, 1954
StatusPublished
Cited by52 cases

This text of 69 So. 2d 771 (Marks v. State Road Department) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marks v. State Road Department, 69 So. 2d 771, 1954 Fla. LEXIS 1214 (Fla. 1954).

Opinion

69 So.2d 771 (1954)

MARKS et al.
v.
STATE ROAD DEPARTMENT.

Supreme Court of Florida. Division B.

January 5, 1954.
Rehearing Denied February 9, 1954.

Kenneth A. White, Pensacola, for A.J. Burks and Dollie Burks.

Coe & Coe, Pensacola, for Henry Handrop and Irene Handrop, his wife.

Ross H. Stanton, Jr., Tallahassee, for appellee.

DREW, Justice.

We have carefully considered the questions presented on appeal by all of the appellants. With the exception of the question relating to the proposition of whether the verdicts rendered in the lower court were quotient verdicts, we find no merit in any of them.

The matter being considered by the court and jury below was the condemnation of land for rights of way for a State Road. Many defendants and numerous parcels of land were involved.

*772 The jury returned verdicts for the various parcels of land in odd figures. As an example, for parcel 241 the value was fixed at $1,999.03; for parcel 68, $2,681.66; for parcel 254, $1,948.33. When the verdict was delivered to the Clerk in open court and read by him, the presiding Judge, realizing from the odd figures used in the verdict that it might be a quotient verdict, examined the jury then and there (before their discharge) on the subject. The following events transpired:

"The Court: (upon completion of reading of verdicts) Gentlemen, these were not by chance the aggregate of the Jury divided by twelve?
"Foreman of Jury: We arrived at a compromise verdict on them.
"The Court: Is that the way you arrived at it, by taking the actual juror's findings and dividing by twelve?
"Foreman of Jury: In a manner of speaking we did that. We discussed it and revised our figures and finally arrived at a compromise on each individual case.
"The Court: It was not a quotient verdict?
"Foreman of Jury: No, it was not a cold quotient verdict.
"The Court: Gentlemen, a verdict of this kind, or any kind, assessing damages, must be the individual verdict of each Juror, and must not be calculated by adding together the individual figures of each Juror and then dividing by twelve, because the verdict must be an unanimous verdict of each individual Juror, and with each of them concurring. With that admonition by the Court, I will read you the amount allowed for each parcel and I would like to have indicated by the Jury whether each of you is content with the amount allowed.
"Thereupon the Court read to the Jury as to each parcel the parcel number and the amount of compensation awarded.
"The Court: Mr. Kearn, is that your individual verdict in each case?
"Mr. Kearn: That is my individual verdict.
"The Court: Mr. Humphries, is that your individual verdict?
"Mr. Humphries: Yes, sir.
"Mr. White: I would like to request an individual poll on each parcel.
"Mr. Coe: With respect to Parcels No. 144 and 166, I ask for an individual poll.
"Mr. White: I ask for an individual poll as to Parcel 241(a) and (b).
"The Court: Mr. Page, is this your individual verdict as to each parcel?
"Mr. Page: Yes, sir.
"The Court: Are you content that that is the compensation to be awarded for each parcel?
"Mr. Page: Yes, sir.
"The Court: Mr. Lawson, is this your individual verdict and are you content that this amount be recorded as to each parcel?
"Mr. Lawson: Yes, sir.
"The Court: Mr. Nelson, is this your individual verdict as to each parcel, and are you content that these be recorded as the amounts awarded?
"Mr. Nelson: Yes, sir.
"The Court: Mr. Adcock, is this your individual verdict? You have heard read the amounts to the defendants separately and individually. Is it your verdict as to each parcel, and are you content that these be recorded as the amounts awarded?
"Mr. Adcock: Yes, sir.
*773 "The Court: Mr. McConnell, you have heard the reading of the amounts awarded to the defendants. Are you willing for that to be recorded as your verdict as the compensation to be allowed to the individual defendants involved?
"Mr. McConnell: Yes, sir.
"The Court: Mr. Fillingim, are these your individual verdicts? Are you willing for that to be recorded as to what you find to be the proper compensation to each of the defendants?
"Mr. Fillingim: Yes, sir.
"The Court: Mr. Armstrong, are these your individual verdicts? Are you willing for that to be recorded as to what you find to be the proper compensation to each of the defendants?
"Mr. Armstrong: Yes, sir.
"The Court: Mr. Conway, you have heard the reading of the amounts awarded to the defendants. Are you willing for that to be recorded as your verdict as the compensation to be allowed to the individual defendants involved?
"Mr. Conway: Yes, sir.
"The Court: Mr. Baldwin, you have heard the reading of the amounts awarded to the defendants. Are you willing for that to be recorded as your verdict as the compensation to be allowed to the individual defendants involved?
"Mr. Baldwin: Yes, sir.
"The Court: If any one of you is not content with any individual parcel, make it known now. If there has been averaging you must acknowledge that, that you have done it. If there is anything that you have not been content with, and if you feel that any defendant has not been properly compensated, let the Court know. I gather that you are all content and this is your verdict as to each parcel, the just compensation to each of the parties involved. The verdicts will be filed."

Quotient verdicts are universally condemned. To constitute a quotient verdict, however, it is essential that there be a preliminary agreement or understanding among the jurors that each will select a figure as representing his opinion of value or damage and that the sum of said amounts divided by the number of jurors will be accepted by each as his or her verdict, and is in fact so accepted. It requires no citation of authority or long dissertation to establish the invalidity of such a verdict or the mischief that would result from a recognition of it. Such verdict would not represent the independent opinion of each juror as the law requires. On the other hand, the courts recognize that compromise, discussions and deliberations are necessary for the determination of questions where minds differ. The use of such figures solely for the purpose of discussion and deliberation is not improper. Orange Belt Ry. Co. v. Craver, 32 Fla. 28, 13 So. 444.

Attached to the motion for new trial in this cause was an affidavit of the juror Humphries reading as follows:

"State of Florida
"County of Escambia:
"Before the undersigned authority this day personally appeared Charles D.

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Cite This Page — Counsel Stack

Bluebook (online)
69 So. 2d 771, 1954 Fla. LEXIS 1214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marks-v-state-road-department-fla-1954.