Legal Opinion · Concurrence

R. J. Reynolds Tobacco Company v. Andy R. Allen Sr., as Personal Rep. etc.

District Court of Appeal of Florida

Decided October 18, 2017No. CASE NO. 1D15-4197Published

1ConcurrenceWinokur, J.

I concur in the majority opinion with respect to all issues except the juror misconduct issue. With regard to the juror misconduct issue, I concur in result only.

In their Motion for Rehearing En- Banc or Certification to the Florida Supreme Court, Appellants argue that the decision here “establishes an unreasonable standard for uncovering juror bias that would turn voir dire into a long series of hostile questions by counsel worried about being faulted for displaying insufficient precision and diligence.” This argument has impelled me to explain why I vote to affirm with regard to the juror…

2Cases cited4 opinions

  1. Dade Cty. Sch. Bd. v. Radio Station WQBASupreme Court of Florida · 1999
  2. De La Rosa v. ZequeiraSupreme Court of Florida · 1995
  3. State v. PittsDistrict Court of Appeal of Florida · 2006
  4. Villalobos v. StateDistrict Court of Appeal of Florida · 2014

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