Legal Opinion · Dissent

Mazzouccolo v. Gardner, McLain & Perlman

District Court of Appeal of Florida

Decided June 17, 1998No. 97-0857Published

1Dissent

SHAHOOD, Judge,

dissecting.

I would affirm the trial cotirt’s denial of appellant’s motion to suppress. 'The facts in this case are in harmony with the facts in State v. Mayes, 666 So.2d 165 (Fla. 2d DCA 1995).

My review of the record leads me to conclude that the affidavit contained sufficient *536must apply the three part test of De La Rosa v. Zequeira, 659 So.2d 239, 241 (Fla.1995):

First, the complaining party must establish that the information is relevant and material to jury service in the case. Second, that the juror concealed the information during questioning. Lastly, that the failure to…

2Cases cited8 opinions

  1. TGI Friday's, Inc. v. DvorakSupreme Court of Florida · 1995
  2. De La Rosa v. ZequeiraSupreme Court of Florida · 1995
  3. Schmidt v. FortnerDistrict Court of Appeal of Florida · 1993
  4. Bernal v. LippDistrict Court of Appeal of Florida · 1991
  5. State v. MayesDistrict Court of Appeal of Florida · 1995

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