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Keene Bros. Trucking, Inc. v. Pennell

Citations: 614 So. 2d 1083; 18 Fla. L. Weekly Supp. 129; 1993 Fla. LEXIS 285; 1993 WL 46631Docket: 79205

Court: Supreme Court of Florida; February 24, 1993; Florida; State Supreme Court

Narrative Opinion Summary

The Supreme Court of Florida reviewed a case involving a personal injury claim against Keene Brothers Trucking, Inc., where a jury awarded the plaintiff $825,000 for negligence. The trial was complicated by a juror consulting a financial book during deliberations, prompting a mistrial. Keene Brothers sought a new trial or judgment notwithstanding the verdict, while the plaintiff sought reinstatement of the verdict. The trial court's simultaneous granting of a new trial and judgment notwithstanding the verdict was deemed procedurally incorrect by the district court, which allowed a new trial solely on damages. The Supreme Court quashed this decision, emphasizing that a mistrial before jury discharge equates to no trial, rendering the verdict void and non-appealable. The court clarified that rulings on alternative motions by trial judges are permissible to enhance judicial efficiency. Ultimately, the case was remanded for a new trial, with the Supreme Court asserting its jurisdiction under the Florida Constitution.

Legal Issues Addressed

Appellate Review of Mistrial Orders

Application: The court established that a mistrial declared before the jury is discharged renders any verdict void and is not appealable, differing from treatment of mistrials post-verdict.

Reasoning: A clear rule is established: a mistrial declared after a verdict is rendered is treated as a new trial, while one declared before rendition is not reviewable on appeal.

Judicial Economy in Considering Alternative Motions

Application: Trial judges may rule on motions for a new trial and judgment notwithstanding the verdict in the alternative to promote judicial economy.

Reasoning: While Frazier acknowledges that a new trial order and a judgment notwithstanding the verdict are mutually exclusive, it allows trial judges to rule on both motions in the alternative to promote judicial economy.

Juror Misconduct and Mistrial

Application: A mistrial was granted due to juror misconduct involving reference to external materials, leading to the inability to reinstate the jury's verdict.

Reasoning: Following the verdict, it was discovered that a juror had referred to a financial accounting book during deliberations, leading Keene Brothers to request a mistrial, which the trial judge granted.

Mutual Exclusivity of New Trial and Judgment Notwithstanding the Verdict

Application: The trial court's order was challenged for granting both a new trial and a judgment notwithstanding the verdict simultaneously, violating established procedural norms.

Reasoning: The district court ruled this procedural combination was incorrect, stating the trial court lacked authority to grant a new trial and a judgment notwithstanding the verdict simultaneously, as established in Frazier v. Seaboard System Railroad.