Metropolitan Dade County v. McKenzie

District Court of Appeal of Florida

Metropolitan Dade County v. McKenzie

555 So. 2d 885, 1990 Fla. App. LEXIS 9, 1990 WL 81

CourtDistrict Court of Appeal of Florida

DecidedJanuary 2, 1990

DocketNo. 89-2331

StatusPublished

This text of 555 So. 2d 885 (Metropolitan Dade County v. McKenzie) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Metropolitan Dade County v. McKenzie, 555 So. 2d 885, 1990 Fla. App. LEXIS 9, 1990 WL 81 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

By this petition for writ of certiorari we quash a post-trial order permitting inter[886]*886view 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.

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PER CURIAM.

By this petition for writ of certiorari we quash a post-trial order permitting inter[886]*886view 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.

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Bluebook (online)

555 So. 2d 885, 1990 Fla. App. LEXIS 9, 1990 WL 81, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metropolitan-dade-county-v-mckenzie-fladistctapp-1990.