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Sydleman v. Benson

463 So. 2d 533, 10 Fla. L. Weekly 389
CourtDistrict Court of Appeal of Florida
DecidedFebruary 13, 1985
Docket84-377
StatusPublished
Cited by28 cases

This text of 463 So. 2d 533 (Sydleman v. Benson) 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
Sydleman v. Benson, 463 So. 2d 533, 10 Fla. L. Weekly 389 (Fla. Ct. App. 1985).

Opinion

463 So.2d 533 (1985)

Mary Ann SYDLEMAN, Appellant,
v.
Daniel W. BENSON, M.D., and Florida Physicians Insurance Reciprocal, Appellees.

No. 84-377.

District Court of Appeal of Florida, Fourth District.

February 13, 1985.

J. Blayne Jennings of Law Office of J. Blayne Jennings, Gifford, for appellant.

Everett J. VanGaasbeck of Moss, Henderson & Lloyd, Vero Beach, and Marjorie Gadarian Graham of Jones & Foster, P.A., West Palm Beach, for appellees.

PER CURIAM.

We affirm the final judgment and write only to express concern as to the trial court's action in rejecting appellant's challenge for cause of two jurors who had been patients of a physician-expert witness called by the appellee doctor. Upon review of the entire colloquy between the jurors, the judge and the lawyers, we conclude that the judge acted within his discretion in denying the challenge for cause. General Foods Corp. v. Brown, 419 So.2d 393 (Fla. 1st DCA 1982). However, the impartiality of the finders of fact is an absolute prerequisite to our system of justice. Close cases should be resolved in favor of excusing the juror rather than leaving a doubt as to his or her impartiality.

ANSTEAD, C.J., and DOWNEY and HURLEY, JJ., concur.

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Bluebook (online)
463 So. 2d 533, 10 Fla. L. Weekly 389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sydleman-v-benson-fladistctapp-1985.