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Casines v. State Farm Florida Ins. Co.

Florida Court of Appeal, Third District

January 18, 2012

Elena CASINES, Appellant,
v.
STATE FARM FLORIDA INSURANCE COMPANY, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Jennifer D. Bailey, Judge.

Page 114

Jason T. Forman, Fort Lauderdale, for appellant.

Richard A. Warren, for appellee.

Before SHEPHERD and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge.

Prior report: 2011 WL 2496669.

PER CURIAM.

The trial court's order granting a new trial in this case is affirmed on the ground the juror was stricken absent a jury interview. See De La Rosa v. Zequeira,659 So.2d 239, 241 (Fla.1995) (delineating three-part test to determine whether a juror's nondisclosure of information during voir dire warrants a new trial); Simon v. Maldonado,65 So.3d 8, 10 (Fla. 3d DCA 2011) (" [T]he mere possibility that a juror was involved in prior claims does not show in and of itself that his point of view was affected so as to deprive the defendant of a fair and impartial trial." ); Pereda v. Parajon,957 So.2d 1194, 1197 (Fla. 3d DCA 2007) (stating appellate court reviews an order granting a motion for new trial based on juror nondisclosure for an abuse of discretion); Tripp v. ...


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