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CUERVO v. GARCIA

No. 70-912.

246 So.2d 579 (1971)

Alexander CUERVO, Appellant, v. Carlos GARCIA, Esperanza Diaz Garcia, and Allstate Insurance Company, Appellees.

District Court of Appeal of Florida, Third District.

April 13, 1971.

Attorney(s) appearing for the Case

Weiner & Rubin, Miami, for appellant.

Talburt, Kubicki, Vogler & Carhart, Jeanne Heyward, Miami, for appellees.

Before PEARSON, C.J., and CHARLES CARROLL and BARKDULL, JJ.

PER CURIAM.

Plaintiff suffered an adverse jury verdict and final judgment thereon. He has duly prosecuted this appeal and contends the trial judge committed error in refusing to permit him to exercise a remaining peremptory challenge to the jury panel when he had merely tendered the jury for questioning and had not accepted same.

We concur with his position and reverse the final judgment and jury verdict, with directions...

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