Lottimer v. North Broward Hospital District

ON MOTION FOR CLARIFICATION

WARNER, J.

We grant the motion for clarification, withdraw our previously issued opinion, and substitute the following in its place.

We reverse the final judgment in this case because the trial court refused to permit plaintiff to exercise a peremptory challenge to a juror prior to the jury being sworn. The rule and case law are absolutely clear that a party may exercise peremptory challenges until the jury is sworn.

A panel of six jurors had been selected, with plaintiff having unused peremptory challenges.1 Although one of the defendants suggested swearing in the…