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CITY OF MIAMI v. CORNETT

No. 81-85.

463 So.2d 399 (1985)

CITY OF MIAMI, Officer J. O'Neil and Officer Jewitt, Appellants, v. Charles CORNETT, a/k/a Willie Williams, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 5, 1985.

Attorney(s) appearing for the Case

Lucia Allen Dougherty, City Atty., Fowler, White, Burnett, Hurley, Banick & Strickroot and Michael J. Murphy and Gregor M. Gaebe, Miami, for appellants.

Steel, Hector & Davis, Miami, and Talbot D'Alemberte, Tallahassee, as court-appointed amicus curiae, for appellee.

Janet Reno, State Atty., and Ira N. Loewy, Asst. State Atty., for State Attorney as amicus curiae.

James C. Burke, Miami, for Dade County Black Lawyers' Association, Inc., as amicus curiae.

Before SCHWARTZ, C.J., and BASKIN and DANIEL S. PEARSON, JJ.

DANIEL S. PEARSON, Judge.

The sole question on this appeal is whether the exercise of peremptory challenges in civil proceedings is subject to the rule announced in State v. Neil, 457 So.2d 481 (Fla. 1984), a criminal case, that both parties may challenge the alleged improper use of peremptory challenges to exclude from jury service prospective jurors solely on the basis of race.1 We conclude...

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