MILLER v. COLONIAL BAKING CO. OF ALABAMA

No. XX-459.

402 So.2d 1365 (1981)

Evelyn MILLER and Howard Miller, Appellants, v. COLONIAL BAKING COMPANY OF ALABAMA and American Motorists Insurance Company, Appellees.

District Court of Appeal of Florida, First District.

September 4, 1981.


Attorney(s) appearing for the Case

Glen R. Peterson, Panama City, for appellants.

James B. Fensom of Barron, Redding, Boggs, Hughes & Fite, Panama City, for appellees.


THOMPSON, Judge.

This is an appeal from an Order awarding attorney's fees and costs to the appellees. We reverse.

A jury was selected to try a personal injury action brought by the appellants ("the plaintiffs") against the appellees ("the defendants"). The trial began and later a recess was taken for lunch. After this recess, the defendants' counsel moved for a mistrial on the basis that two of the secretaries from his office had just seen the plaintiffs'...

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