Southeastern Fidelity Insurance v. Rodgers

District Court of Appeal of Florida

Southeastern Fidelity Insurance v. Rodgers

430 So. 2d 603, 1983 Fla. App. LEXIS 27788

CourtDistrict Court of Appeal of Florida

DecidedMay 4, 1983

DocketNo. 82-586

StatusPublished

This text of 430 So. 2d 603 (Southeastern Fidelity Insurance v. Rodgers) 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

Southeastern Fidelity Insurance v. Rodgers, 430 So. 2d 603, 1983 Fla. App. LEXIS 27788 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

A trial judge has broad discretion over the management of a trial; “the judge is not a mere moderator, but is the governor of the trial for the purpose of assuring its proper conduct....” Quercia v. United States, 289 U.S. 466, 469, 53 S.Ct. 698, 699, 77 L.Ed. 1321, 1324 (1933). Applying this rubric to the case at bar, we conclude that appellants have failed to demonstrate an abuse of discretion in the trial court’s refusal to conduct a mid-trial interrogation of an individual juror. The alleged non-verbal actions of the juror would not support a reasonable doubt as to the juror’s fairness or impartiality. Cf. Loftin v. Conner, 45 [604]*604So.2d 756 (Fla.1950). We also resolve the second issue on appeal in favor of the appellee. See Brethauer v. Brassell, 347 So.2d 656 (Fla. 4th DCA 1977). Thus, the judgment is

AFFIRMED.

ANSTEAD, HERSEY and HURLEY, JJ., concur.

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PER CURIAM.

A trial judge has broad discretion over the management of a trial; “the judge is not a mere moderator, but is the governor of the trial for the purpose of assuring its proper conduct....” Quercia v. United States, 289 U.S. 466, 469, 53 S.Ct. 698, 699, 77 L.Ed. 1321, 1324 (1933). Applying this rubric to the case at bar, we conclude that appellants have failed to demonstrate an abuse of discretion in the trial court’s refusal to conduct a mid-trial interrogation of an individual juror. The alleged non-verbal actions of the juror would not support a reasonable doubt as to the juror’s fairness or impartiality. Cf. Loftin v. Conner, 45 [604]*604So.2d 756 (Fla.1950). We also resolve the second issue on appeal in favor of the appellee. See Brethauer v. Brassell, 347 So.2d 656 (Fla. 4th DCA 1977). Thus, the judgment is

AFFIRMED.

ANSTEAD, HERSEY and HURLEY, JJ., concur.

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Bluebook (online)

430 So. 2d 603, 1983 Fla. App. LEXIS 27788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southeastern-fidelity-insurance-v-rodgers-fladistctapp-1983.

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