Spillis Candela & Partners, Inc. v. Association of School Consultants, Inc.

District Court of Appeal of Florida

Spillis Candela & Partners, Inc. v. Association of School Consultants, Inc.

586 So. 2d 351, 1990 Fla. App. LEXIS 9792, 1990 WL 211666

CourtDistrict Court of Appeal of Florida

DecidedDecember 28, 1990

DocketNo. 89-2317

StatusPublished

Cited by1 cases

This text of 586 So. 2d 351 (Spillis Candela & Partners, Inc. v. Association of School Consultants, Inc.) 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.

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Spillis Candela & Partners, Inc. v. Association of School Consultants, Inc., 586 So. 2d 351, 1990 Fla. App. LEXIS 9792, 1990 WL 211666 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

AFFIRMED. We find no reversible error has been demonstrated. Specifically, we find no error by the trial court in the number of peremptory challenges allotted to the parties. We believe the interests of the various defendants were sufficiently dissimilar to permit the court to allot them separate peremptory challenges. See Fla. R.Civ.P. 1.431(d). Cf. Loftin v. Wilson, 67 So.2d 185 (Fla.1953). In addition, appellant has failed to demonstrate that the allocation of peremptory challenges, even if erroneous, was prejudicial. Bailey v. Deverick, 142 So.2d 775 (Fla. 2d DCA 1962).

The most troubling issue raised is appellant’s claim that the appellees improperly used peremptory challenges to strike minority jurors. Although the appellant initially declined to make this objection in the face of the trial court’s direct inquiry, we find that the appellant’s later objection was sufficient to preserve the issue for appeal. However, considering all of the circumstances, including the trial court’s own initiation of the inquiry required under State v. Neil, 457 So.2d 481 (Fla. 4th DCA 1984), we find no abuse of discretion by the trial court in conducting the Neil inquiry and accepting the explanations for the challenges offered by appellees. Cf. City of Miami v. Cornett, 463 So.2d 399 (Fla. 3d DCA), cause dism’d, 469 So.2d 748 (Fla.1985). We have considered the other issues raised and find no error requiring a retrial.

ANSTEAD, HARRY LEE, GLICKSTEIN, HUGH S. and WARNER, MARTHA C., Associate Judges, concur.

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PER CURIAM.

AFFIRMED. We find no reversible error has been demonstrated. Specifically, we find no error by the trial court in the number of peremptory challenges allotted to the parties. We believe the interests of the various defendants were sufficiently dissimilar to permit the court to allot them separate peremptory challenges. See Fla. R.Civ.P. 1.431(d). Cf. Loftin v. Wilson, 67 So.2d 185 (Fla.1953). In addition, appellant has failed to demonstrate that the allocation of peremptory challenges, even if erroneous, was prejudicial. Bailey v. Deverick, 142 So.2d 775 (Fla. 2d DCA 1962).

The most troubling issue raised is appellant’s claim that the appellees improperly used peremptory challenges to strike minority jurors. Although the appellant initially declined to make this objection in the face of the trial court’s direct inquiry, we find that the appellant’s later objection was sufficient to preserve the issue for appeal. However, considering all of the circumstances, including the trial court’s own initiation of the inquiry required under State v. Neil, 457 So.2d 481 (Fla. 4th DCA 1984), we find no abuse of discretion by the trial court in conducting the Neil inquiry and accepting the explanations for the challenges offered by appellees. Cf. City of Miami v. Cornett, 463 So.2d 399 (Fla. 3d DCA), cause dism’d, 469 So.2d 748 (Fla.1985). We have considered the other issues raised and find no error requiring a retrial.

ANSTEAD, HARRY LEE, GLICKSTEIN, HUGH S. and WARNER, MARTHA C., Associate Judges, concur.

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586 So. 2d 351, 1990 Fla. App. LEXIS 9792, 1990 WL 211666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spillis-candela-partners-inc-v-association-of-school-consultants-inc-fladistctapp-1990.

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