Legal Opinion · Dissent

Morgan v. Milton

District Court of Appeal of Florida

Decided October 16, 2012No. Nos. 1D11-2242, 1D11-3649Published

1DissentClark, J.

I respectfully dissent.

The majority opinion suggests that Ms. Poppel’s concealment of her pending litigation before this judge is not material because the appellant’s counsel did not question two other jurors about their litigation experience. However, those jurors did reveal their litigation history during the questioning by the court on voir dire. In wrongly concealing her pending litigation, Ms. Poppel precluded any inquiry about her situation and what impact her situation might have on her ability to render a fair and impartial verdict.

In my view, being a party in another proceeding…

2Cases cited3 opinions

  1. Roberts Ex Rel. Estate of Roberts v. TejadaSupreme Court of Florida · 2002
  2. Mitchell v. StateDistrict Court of Appeal of Florida · 1984
  3. State Farm Mutual Automobile Insurance Co. v. LawrenceDistrict Court of Appeal of Florida · 2011

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